Articles

Supreme Court remands habitual offender case considering recent decisions

The Indiana Supreme Court has remanded an appeal of a Dearborn County habitual offender enhancement considering two opinions addressing habitual offender findings, a move that comes as the Indiana General Assembly seems poised to pass a bill that would more narrowly define how out-of-state felonies should be treated when considering sentencing enhancements.

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Divided COA reverses delinquency finding after school discipline

A divided Indiana Court of Appeals panel has reversed a delinquency finding against a high school student who vandalized school bathrooms, with each judge writing separately to share their views on how the increased presence of police officers in schools can impact the nature of school disciplinary proceedings.

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COA upholds denial of alcohol license to strip club

An Indianapolis strip club will no longer be able to serve alcohol after the Indiana Court of Appeals upheld the denial of the renewal of the club’s alcohol license, finding the premises had become a public nuisance.

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Divided COA reverses CHINS finding

The Indiana Court of Appeals has reversed a finding that a Marion County child was a child in need of services, with most of the appellate panel finding insufficient evidence to support the determination. The dissenting judge, however, urged caution in the face of a potentially dangerous situation.

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Justices hear police officer sexual assault cases

Two cases from opposite ends of the state jointly came before the Indiana Supreme Court on Thursday for guidance on the same question: if a police officer sexually assaults a citizen while on duty, should municipalities be held liable for the officer’s actions as the employer?

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Appellate court upholds attorney fees in CAFO dispute

An Indiana trial court properly awarded attorney fees to two livestock organizations that consulted on the construction of a Hendricks County feeding operation, the Indiana Court of Appeals ruled in an opinion that also found the subpoenas issued to the organizations were overly broad.

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COA upholds summary judgment to Tipton Schools

A central Indiana school corporation was properly granted summary judgment on a parent’s negligence claims, the Indiana Court of Appeals ruled Wednesday, determining the corporation was immune under the Indiana Tort Claims Act.

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COA upholds adoption without mother’s consent

In a case a judge said represents “how substance abuse is savaging the familial bonds within Indiana and around the country,” the Indiana Court of Appeals upheld the adoption of a southern Indiana child without the mother’s consent after finding the mother’s substance abuse made her unfit.

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Appellate court orders dismissal of widow’s tort claims

A widow who sued her husband’s employer for various breach and fraud allegations will not be able to continue her case after the Indiana Court of Appeals instructed the trial court to dismiss her claims on remand for failure to comply with the Indiana Tort Claims Act.

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Supreme Court upholds DOC’s lethal injection protocols

The Indiana Department of Correction can alter its lethal injection protocols without going through a rule-making process because such protocols are internal procedures without the effect of law, the Indiana Supreme Court ruled in a decision affirming the dismissal of a death row inmate’s challenge to Indiana’s lethal injection cocktail.

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