Articles

COA reverses treble damages in business deal gone bad

A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.

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Rep. Turner introduces resolution defining marriage

Rep. Eric Turner, R-Cicero, filed House Joint Resolution 3 Thursday, which looks to ban same-sex marriage in Indiana through the state Constitution. He also introduced a bill describing the legislative intent of offering the amendment.

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Opinions Jan. 8, 2014 ILD

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

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Opinions Jan. 8, 2014

7th Circuit Court of Appeals
United States of America v. Tony Currie
12-1666
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms decision to deny Currie’s motion to suppress evidence without conducting an evidentiary hearing. Orders a limited remand for purposes of ascertaining whether the District Court would be inclined to sentence him differently knowing Currie is subject to the lower statutory minimum of five years as provided by the Fair Sentencing Act of 2010. His current sentence is 121 months.

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7th Circuit orders judge to reconsider sentence

The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.

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Commission: Suspend Judge Kimberly Brown

Marion Superior Judge Kimberly Brown circumvented the three-judge panel that heard her disciplinary case with a direct appeal to the Indiana Supreme Court, the presiding judge said in striking her last-minute apology and an affidavit in her support from former Justice Frank Sullivan.

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Opinions Jan.7, 2014 ILD

Indiana Court of Appeals
Anthony Barron v. State of Indiana (NFP)
49A04-1304-CR-165
Criminal. Reverses and remands to the trial court with instructions to vacate Barron’s conviction for Class D felony domestic battery, leaving his remaining Class D felony convictions for strangulation and criminal confinement and sentence in place.

 
Timothy Henderson v. State of Indiana (NFP)
35A02-1306-CR-495
Criminal. Affirms conviction of Class C felony burglary. Remands to the trial court with instructions to correct the sentencing order, abstract of judgment, and chronological case summary to reflect that the six-year habitual offender enhancement serves as an enhancement of Henderson’s Class C felony burglary sentence.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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Opinions Jan. 7, 2014

Indiana Court of Appeals
Anthony Barron v. State of Indiana (NFP)
49A04-1304-CR-165
Criminal. Reverses and remands to the trial court with instructions to vacate Barron’s conviction for Class D felony domestic battery, leaving his remaining Class D felony convictions for strangulation and criminal confinement and sentence in place.

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Justices block gay marriage in Utah

The Supreme Court of the United States issued an order Monday stopping gay marriage in Utah. The justices stayed a permanent injunction that struck down the state’s ban on same-sex marriage.

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State appellate courts to open at 1 p.m.

The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.

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