Articles

Man entitled to new probation revocation hearing

The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”

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COA orders special prosecutor in Camm trial

The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.

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Judges uphold juvenile’s adjudication

The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.

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Judge: fundamental error rule doesn’t apply to civil cases

An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.

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Appellate court finds mother wasn’t in contempt

The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.

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Court examines future medical care in workers’ comp case

The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.

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COA allows insurance dispute to proceed

The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.

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COA: enhancement isn’t an ex post facto violation

The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.

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COA upholds judgment in auction of towed car

The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.

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Justices vacate transfer

The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.

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Judges find man’s sentence violates statute

The Indiana Court of Appeals relied on a case from the state’s highest court to rule on whether a term of imprisonment for the purposes of Indiana Code 35-50-3-1(b) includes both the executed and suspended portions of a sentence.

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COA rules on fire department consolidation demotions

The Indiana Court of Appeals issued a decision Wednesday involving the consolidation of the Lawrence Township Fire Department with the Indianapolis Fire Department and how the local township merit commission was able to restructure the firefighter officer positions under an exception in state statute.

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Court addresses Barnes retroactivity

The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.

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Judges divided over prison term for probation violation

The Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support payments.

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COA rules man can challenge med mal act

The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.

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