Articles

COA: Trial court must impose probation fees for felonies

The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.

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Sellersburg clerk-treasurer loses appeal for second deputy

The Sellersburg clerk-treasurer who sought a mandate requiring the town board to give her funds for a second deputy clerk has lost her appeal of the denial of her request. The Indiana Court of Appeals determined state statute gives the legislative body oversight over the number of deputy clerks.

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COA: Paroled man convicted in Florida not entitled to habeas relief

An Indiana man released on parole and later arrested in Florida was not entitled to a writ of habeas corpus or credit time in Indiana because Indiana authorities never discharged his parole and “turned him over” to their Florida counterparts, the Indiana Court of Appeals ruled Tuesday.

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State employees now blow whistle at own risk

A ruling by the Indiana Supreme Court that held the state cannot be sued under the whistleblower act has left some attorneys concerned for taxpayers and inspired at least one elected official to seek to change the law. But the ruling has not discouraged the state employee who started the fight.

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COA upholds dismissal of petition to open estate

An Indiana trial court properly applied district court precedent to determine that a claim for violation of a deceased man’s constitutional rights cannot be considered an asset in the deceased’s estates, the Indiana Court of Appeals ruled Tuesday.

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COA: Landlord must close on sale of rental property

A Hendricks County landlord must close on the sale of her property to a tenant after the Indiana Court of Appeals ruled Tuesday there was no breach of a lease agreement preventing the enforcement of an Option to Purchase Real Estate Agreement.

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COA: hearsay testimony causes harmless error

Although a trial court was wrong in permitting two police officers to recount to a jury what the defendant’s ex-girlfriend told them, the Indiana Court of Appeals ruled the admission was a harmless error.

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Appeals court orders fee reimbursement for indigent defendant

A Marion County man found to be indigent is entitled to a reimbursement for the $740 in fees imposed on him by the probation department after the Indiana Court of Appeals found the Marion Superior Court abused its discretion by letting the probation department impose fees when it had not authorized such fees.

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Summary judgment affirmed for semi-truck air supplier

The dangers presented by the placement of an air hose at a truck stop were known and obvious to a driver who fell and injured himself on the hose, making summary judgment to the owner and servicer of the hose appropriate, the Indiana Court of Appeals ruled Friday.

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COA reverses directed verdict in OB-GYN’s favor

A northern Indiana trial court must revisit the issue of whether a doctor adequately informed his patient of the risks associated with having a natural birth after the Indiana Court of Appeals reversed a grant of a directed verdict in the doctor’s favor on the issue of informed consent.

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Justices to review who can waive rights of mentally ill

The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.

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Mali custody case alleges violations of human rights

A recent ruling by an Indiana appellate court in a transcontinental custody dispute is raising questions in the Hoosier legal community about the authority United States courts have to question the legal practices of other nations.

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COA to hear oral argument at DTCI annual meeting

Attorneys who attend this year’s annual meeting of the Defense Trial Counsel of Indiana will have the opportunity to sit in on oral arguments before the Indiana Court of Appeals when the court travels to French Lick for arguments this week.

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