Articles

Reversal: Trial court ordered to revisit CHINS petition

An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.

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COA affirms convictions in nursing home burglary scheme

The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.

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COA affirms denial of educational credit time for inmate

The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.

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COA finds no Brady violation in burglary case

The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.

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COA affirms denial of motion to suppress after prolonged traffic stop

An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.

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Man’s companion entitled to compensation for services, COA rules

An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.

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Appeal: Commercial court, without notice, idled worker

One of the first appeals from an Indiana Commercial Court alleges the specialized docket touted as a speedier, more efficient means of resolving complex business disputes operated in secret to keep a glass-industry engineer out of a job in his profession for a year.

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COA orders landowner to comply with local ordinances

In the third appellate iteration of a case stemming from violations of Indianapolis environmental ordinances, the Indiana Court of Appeals has found a property owner allowed its tenant to violate the ordinances and ordered the owner to bring the property into compliance.

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COA to hear oral arguments in Bloomington this week

The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.

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COA to hear legal malpractice appeal

A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.

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