Articles

Taco food truck explosion not foreseeable, divided COA says

A man injured while waiting for his taco lunch lost his appeal that he was owed a duty of care from a salvage yard, with a majority of an Indiana Court of Appeals panel finding a food truck explosion at the salvage yard was not reasonably foreseeable.

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Women judges make history in Marion Superior Court

For the first time, four women judges have been elected to serve on the executive committee of the Marion Superior Court. The committee is responsible for operation and conduct of the Indianapolis courts and serves as the policymaking body for them.

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COA again addresses summarily approved commitment orders, finds timeliness waiver

The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.

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Multiple Indiana voting laws on trial in federal court

Indiana, like many states, has been amending and enacting new voting laws in the name of stamping out voter fraud. Lawyers and civic organizations are challenging laws and regulations that they believe are restricting the right to vote.

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Abusive boyfriend’s criminal confinement conviction affirmed

The Indiana Court of Appeals found there was sufficient evidence to support a man’s criminal confinement conviction after he beat up his girlfriend, dragged her by the hair and stomped on her already broken leg. The appellate panel found he substantially interfered with her liberty without her consent.

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Divided justices uphold guilty but mentally ill verdict in Southport pastor’s murder

A bench verdict of guilty but mentally ill against a woman twice convicted — and twice cleared by reason of insanity – in the 2012 shooting of a Southport pastor will stand after a majority of the Indiana Supreme Court found sufficient demeanor evidence to reject the woman’s insanity defense. But the two-justice dissent pointed to testimony from three experts to support their opinion that Lori Barcroft was unable to appreciate the wrongfulness of her conduct at the time of Jaman Iseminger’s murder.

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COA affirms possession of tossed firearm by felon

A man convicted of unlawful possession of a firearm by a serious violent felon after he allegedly tossed a pistol from his car during a police stop failed to convince the Indiana Court of Appeals that the evidence against him was insufficient.

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Judge’s failure to sign commitment order splits COA

For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.

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