Articles

Appeals panel reverses expungement denial

A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.

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ITCA does not apply to lawsuit challenging local firearm law

An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.

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New-crime exception applies in Indiana

Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.

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Justices take fired principal, battery cases

The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.

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Teen’s arrest did not violate 4th Amendment

The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.

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