Articles

Tax sale petitions OK because of lack of notice

The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.

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COA travels to Terre Haute

An Indiana Court of Appeals panel of judges travels to Terre Haute Thursday for arguments in a robbery case out of Vanderburgh County.

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COA: Expenses apply under penalty period

The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.

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State can increase withholding without order

The Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage, and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may cause some concern."

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COA reverses child welfare molestation case

The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.

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No summary judgment in mailbox case

The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.

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Termination of rights affirmed despite error

A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.

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COA upholds Plainfield parks ban

The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.

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Commission OK to rule on territory dispute

The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.

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COA: Collateral estoppel not applicable

The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.

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Statute must be followed in all CHINS cases

The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.

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COA voids Terre Haute’s 2007 mayoral election

The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.

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COA opts for judicial restraint

The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.

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COA: Mortgage lien holder has priority

The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.

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