Articles

Appellate court orders new trial for car crash victim

A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.

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SEO Pleading the 5th mode (IL Illustration/Brad Turner)

Court order to access smartphone stirs 5th amendment concerns

When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.

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COA finds warehouse not liable for cargo-related deaths

An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.

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Appeals court orders Yorktown clerk-treasurer’s removal

The Indiana Court of Appeals has ordered the removal of the Yorktown clerk-treasurer from office after determining that her failure to properly reconcile the town books for four consecutive years warranted her removal. In response, the elected office holder has pledged to take her case to the Indiana Supreme Court.

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Six COA semifinalists to be interviewed next week

Interviews with the six semifinalists selected for an upcoming vacancy on the Indiana Court of Appeals will take place next week. Three judges and three lawyers from northern Indiana are vying to succeed Judge Michael Barnes on the appellate court.

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COA: French Lick Resort not negligent in hotel rape

A former guest of the French Lick Resort & Casino cannot bring a negligence case against the hotel after the Indiana Court of Appeals determined the sexual attack against the guest was not foreseeable as a matter of law, making summary judgment for the resort appropriate.

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COA: Participating in needle exchange doesn’t excuse drug activity

A Lawrence County man who argued he had “legal authority” to possess two syringes under the county’s needle exchange program has lost his appeal of his possession of paraphernalia conviction, with the Indiana Court of Appeals rejecting the notion that needle exchanges excuse illegal drug activity. However, the court overturned another of the man’s drug convictions for lack of evidence.

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Appellate court upholds contempt finding against mother

A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.

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Confinement conviction reversed; robbery, burglary counts stand

Burglary and robbery convictions against a man convicted in a Marion County break-in will stand, but related criminal confinement convictions must be vacated because the confinement was “part and parcel” of the underlying robbery, the Indiana Court of Appeals ruled Friday.

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