Articles

Car search after meth dealer’s arrest divides COA panel

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

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IU McKinney announces rural justice judicial clerkships

A second Indiana law school has partnered with the Indiana Supreme Court to expose more students to the practice of law in less urban communities through a rural judicial clerkship program. Indiana University Robert H. McKinney School of Law announced its collaboration with the state’s highest court, introducing five students who will take part in the “Supporting Rural Justice Initiative.”

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Divided COA upholds weapons conviction after traffic stop

A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.

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Appellate court reduces theft restitution by more than $62K

A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.

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Father’s assertion of Fifth Amendment rights splits COA

Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.

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COA: ‘pleasant’ drug defendant was properly Mirandized

A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.

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Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

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