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   State Courts - Indiana - October 29 - October 30, 2007

  
Banks v. Brown, No. 77A04-0701-CV-48, COURT OF APPEALS OF INDIANA, October 29, 2007, Decided
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Overview: Denial of an inmate's claim for costs against the State in his suit seeking damages for the failure to include a book of stamps in his commissary order was proper because costs were punitive in nature, and Ind. Code § 34-13-3-4(b) prohibited awards of punitive damages against the State.

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Kline v. State, No. 35A04-0612-CR-736, COURT OF APPEALS OF INDIANA, October 29, 2007, Decided
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Overview: Defendant should have been sentenced according to terms of his first plea agreement because the trial court said it was taking the agreement under advisement, accepted defendant's guilty plea and entered convictions on all 22 counts. Defendant's motion to enter a guilty plea incorporated the agreement, and was conditioned on that agreement.

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Smith & Wesson Corp. v. City of Gary, No. 45A05-0612-CV-754, COURT OF APPEALS OF INDIANA, October 29, 2007, Decided
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Overview: Because the city's nuisance complaint and the Indiana Supreme Court's opinion indicated that the city alleged that the manufacturers violated a state or federal statute applicable to the sale or marketing of the product, the city's action was not barred by the Protection of Lawful Commerce in Arms Act, 15 U.S.C.S. §§ 7901-7903.

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Anglemyer v. State, No. 43S05-0606-CR-230, SUPREME COURT OF INDIANA, October 30, 2007, Decided
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Overview: While trial court's failure to consider guilty plea as mitigating factor could be raised on appeal even if defendant did not raise it at the sentencing hearing, defendant's guilty plea was not a significant mitigating factor as he received a substantial benefit from it, and it did not demonstrate defendant's acceptance of responsibility.

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Hale v. State, No. 43A05-0611-CR-647, COURT OF APPEALS OF INDIANA, October 30, 2007, Decided, October 30, 2007, Filed
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Overview: Defendant's felony drug conviction and 50-year sentence were affirmed; no mistrial was required as striking improper testimony was sufficient cure, evidence that in a controlled buy defendant provided informant with over four grams of cocaine was sufficient to convict, and given defendant's criminal history, sentence was appropriate.

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In re Carl, Supreme Court Cause No. 82S00-0011-DI-726, SUPREME COURT OF INDIANA, October 30, 2007, Decided, October 30, 2007, Filed
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In re Harper, Supreme Court Cause No. 49S00-0606-DI-225, SUPREME COURT OF INDIANA, October 30, 2007, Decided, October 30, 2007, Filed
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In re Richardson, Supreme Court Cause No. 49S00-0607-DI-271, SUPREME COURT OF INDIANA, October 30, 2007, Decided, October 30, 2007, Filed
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