Articles

Order that law firm pay attorney fees reversed

The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.

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High court reverses termination of mom’s rights

The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.

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Improper venue doesn’t require acquittal

Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.

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Next up for Judge Hamilton: full Senate vote

After surviving a Senate committee's party-line vote today, an Indianapolis-based federal judge must now get approval from the full U.S. Senate in order to move to the 7th Circuit Court of Appeals.

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St. Joseph Bar evaluates judges

The St. Joseph County Bar Association has released the results of its 2009 survey evaluating Superior Court judges. This is the second time the bar association has completed and published this survey.

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Indiana federal judge sanctions attorneys

A federal judge in Hammond has sanctioned two Detroit attorneys who filed what he calls a frivolous claim demonstrating a pattern of misconduct, fining each lawyer and their client in a sharply worded ruling.

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Sidewalk 6 trial off; judge to decide penalty

Less than a week before a state civil racketeering trial was set to begin, a former East Chicago mayor and one of his closest aides have waived their right to defend themselves before a jury in court.

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AG files suit against former town employees

The Indiana Attorney General filed a suit Monday against former Chesterfield town officials seeking recovery of more than $259,000 in public funds they allegedly defrauded from the town government.

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COA: annexation detailed summary sufficient

Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.

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Judges question earlier Circuit holding

A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.

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COA: alternative murder sentence illegal

The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.

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DNA-access ruling may have limited impact

A ruling today from the nation's highest court says convicts don't have any constitutional right to test state DNA evidence after their convictions become final, but that decision may not impact Indiana or much of the country.

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Teen’s Fourth Amendment rights not violated

Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.

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Summary judgment affirmed for dairy farm

The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.

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