Articles

Babysitter’s serious neglect convictions, sentence affirmed

A babysitter convicted of inflicting a life-threatening head injury on an infant in her care lost her appeal of her felony convictions and sentence after the Indiana Court of Appeals determined neither court error nor insufficient evidence warranted reversal.

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Court considering charges in 1980 police officer death

A state appeals court is considering whether to throw out the case against a northwestern Indiana man facing murder and other charges in connection with the 1980 shooting death of a police officer killed while working a private security job.

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In 2017, IL readers most followed these links

Breaking news and online updates of major legal stories were the most-read articles on TheIndianaLawyer.com in 2017, according to an analysis of pageviews. Here are the IL’s Top 20 most-read online stories of the past year.

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Year End Review - Indiana Tech Law School

Top 10 legal stories of 2017 focus on law schools, court changes

The closing of 4-year-old Indiana Tech Law School in Fort Wayne, and the revelation that 138-year-old Valparaiso University Law School faced an uncertain future, made law school troubles the top legal news story of 2017, as determined by the staff of Indiana Lawyer. Changes on the federal and state bench also were among the year’s top stories.

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COA allows spoliation claim to proceed

The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.

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COA upholds 12(B)(6) dismissal of complaint against bank

A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.

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COA: Attorney fee records not protected or confidential

An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.

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COA strikes down 57 percent water rate increase

The city of Washington cannot impose a 57 percent rate increase on a local nonprofit water utility after the Indiana Court of Appeals determined Wednesday that increase was not reflected by an actual increase in costs.

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Justices to decide whether dismissed manslaughter trial can proceed

After initially being charged in the shooting death of his wife, John Larkin’s criminal case was thrown out after a trial court judge determined the state failed to bring Larkin to trial within the appropriate timeframe. Plus, the case was rife with state and prosecutorial misconduct, leading the judge to conclude Larkin could no longer receive a fair trial.

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COA partially reverses delinquent adjudication against teen

A teenager who devised a plan to shoot his assistant principal and other students while at school has had one delinquent adjudications reversed after the Indiana Court of Appeals determined the threat the student made against the assistant principal did not meet the statutory definition of intimidation.

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Attorneys: Guidance needed for waiving presence at hearing

Counsel for both parties to a mental health commitment case agreed on one central issue when they argued before the Indiana Supreme Court on Tuesday: attorneys and judges need guidance on when a respondent’s right to be present at their commitment hearing can be waived.

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Theft conviction reversed for man who failed to pay restaurant bill

The Indiana Court of Appeals has reversed a man’s misdemeanor theft conviction after finding the state failed to prove the man went to a restaurant and consumed food and drink with the intention of not paying. However, the court upheld the man's related disorderly conduct conviction.

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