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   State Courts - Indiana - January 4 - January 10, 2006

  
Kelley v. Tanoos, No. 84A01-0410-CV-461, COURT OF APPEALS OF INDIANA, FIRST DISTRICT, January 4, 2006, Decided
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Overview: Where declarant argued that use of presumption of damages in defamation action was not sound public policy, appellate court disagreed. Public policy decision was made when presumption was established in first place. Damages were presumed because injured party showed defamatory imputation and publication, and he raised question of fact as to malice.

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Willis v. Westerfield, No. 49S02-0512-CV-692, SUPREME COURT OF INDIANA, January 5, 2006, Decided
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Overview: The damages awarded to injured parties in a personal injury action were reversed and remanded for a new trial, as the trial court erred in instructing the jury on failure to mitigate damages, as a driver failed to meet his burden of showing that an injured party's failure to follow a doctor's recommendation for physical therapy increased her harm.

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In re Conover, Case No. 45S00-0506-DI-300, SUPREME COURT OF INDIANA, January 6, 2006, Decided , January 6, 2006, Filed
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In re Singleton, Case No. 26S00-0510-DI-491, SUPREME COURT OF INDIANA, January 6, 2006, Decided , January 6, 2006, Filed
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In re Hill, No. 71S00-0509-DI-416, SUPREME COURT OF INDIANA, January 10, 2006, Decided
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Overview: Lawyer was found in contempt and was suspended indefinitely where in less than two years, the disciplinary commission filed nine petitions for failure to cooperate in investigations and the court issued nine orders to show cause. The lawyer demonstrated a serious lack of regard for the disciplinary process.

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Mills v. State, No. 52A02-0506-CV-573, COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 10, 2006, Decided
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Overview: Under Ind. Code § 35-50-6-1, an inmate was on parole on charges for which he had been in prison when arrested on new charges, because his parole lasted 24 months after he finished that imprisonment, including during a consecutive sentence, so he could be required to serve the rest of his first sentence and was not entitled to habeas corpus relief.

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Tracy v. State, No. 15A04-0409-CR-498, COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, January 10, 2006, Decided
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Overview: Although defendant had not forfeited his Blakely challenge, because he had raised it in his initial appeal, he was still not entitled to relief on the merits, because the court had earlier determined that Indiana's enhanced sentencing scheme did not violate Blakely.

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