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16 Nov 2007, 5:35 am
In I.C. 3-12-8-17(c), which DeLaney referenced, the statute states: "After hearing and determining a petition alleging that a candidate is ineligible, the court shall declare as elected or nominated the qualified candidate who received the highest number of votes and render judgment accordingly. [read post]
31 Oct 2007, 12:26 am
FITCHPATRICK is entitled to permanent maintenance pursuant to I.C. 31-15-7-2 in that she is physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected.I. [read post]
26 Oct 2007, 11:01 am
At the time these offenses were committed, the statute then in effect (I.C. 5-2-12-4.5), as does the amended statute (I.C. 35-38-1-7.5), defined a sexually violent predator as a person "who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly engage in any. . . . offenses [enumerated in I.C. 11-8-8-5]. * * * Thompson argues that the lifetime registration impact by reason of the trial court's determination is… [read post]
25 Oct 2007, 11:58 am
The following restated issue is dispositive of the appeal: Did conviction under I.C. 35-43-6-12(a)(4) violate due process when the defendant was charged under I.C. 35-43-6-12(a)(3)? [read post]
6 Aug 2007, 9:26 am
This Court erred in applying the procedural requirements of AOPA, in particular, I.C. 4-21.5-5-10, to this case. [read post]
3 Aug 2007, 10:37 am
Reversed and remanded with instructions to resentence Turner under the amended version of I.C. [read post]
30 Jul 2007, 11:24 am
With this evidence linking Grant to the prior felonies, a reasonable fact finder could well have concluded beyond a reasonable doubt that he was the same person convicted of the two prior unrelated felonies as required by I.C. 35-50-2-8(a).2 Moreover, we do not share counsel's enthusiasm for bright line rules. [read post]
16 Jul 2007, 9:13 am
Thus, we find that the trial court misapplied the law by relying on I.C. [read post]