Indiana Court of Appeals

Man's companion entitled to compensation for services, COA rules

May 19, 2017
Olivia Covington
An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.
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COA reverses forfeiture against drug offender

May 19, 2017
Olivia Covington
The state must return funds seized from a man convicted of possession of marijuana after the Indiana Court of Appeals found no proof linking the cash to any drug crimes.
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Appeal: Commercial court, without notice, idled worker

May 18, 2017
Dave Stafford
One of the first appeals from an Indiana Commercial Court alleges the specialized docket touted as a speedier, more efficient means of resolving complex business disputes operated in secret to keep a glass-industry engineer out of a job in his profession for a year.
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COA affirms 65-year sentence for man who killed officer

May 16, 2017
Olivia Covington
The Dearborn Circuit Court did not err in imposing a 65-year sentence on a man convicted of felony murder after he shot and killed a deputy sheriff in the line of duty, the Indiana Court of Appeals held Tuesday.
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COA orders landowner to comply with local ordinances

May 16, 2017
Olivia Covington
In the third appellate iteration of a case stemming from violations of Indianapolis environmental ordinances, the Indiana Court of Appeals has found a property owner allowed its tenant to violate the ordinances and ordered the owner to bring the property into compliance.
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COA to hear oral arguments in Bloomington this week

May 15, 2017
IL Staff
The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.
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COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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Appeals court vacates multiple domestic violence convictions

May 11, 2017
Dave Stafford
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
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COA affirms $2.13M award against trucking firm in crash

May 11, 2017
Dave Stafford
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
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COA: Expert should have testified about personal medical practices

May 11, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
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New Jersey man to get attorney fees, interest in failed real estate deal

May 10, 2017
Olivia Covington
After affirming the denial of summary judgment to northern Indiana landowners who misrepresented a property zoning to a potential buyer, the Indiana Court of Appeals also reversed the denial of attorney fees and prejudgment and post-judgment interest to the buyer.
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COA reverses woman’s conviction for violation of protective order

May 10, 2017
Olivia Covington
A woman who sent an email to the board of elders of her former church did not violate the church pastor’s protective order against her because the email was intended for the elders, not the pastor, a divided Indiana Court of Appeals ruled Wednesday.
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Appeals court affirms denial of workers’ comp benefits

May 9, 2017
Olivia Covington
A divided Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s decision to deny workers’ compensation benefits to a man after determining that his medical problems were not related to an on-the-job injury in 2010.
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Charges dropped against wife in judge-threat case

May 8, 2017
IL Staff
The wife of an Indiana Court of Appeals judge is no longer facing criminal charges for allegedly making threats against the judge that she told police were made by their son-in-law.
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COA corrects erroneous conclusion in footnote in post-conviction case

May 8, 2017
Olivia Covington
After granting rehearing to correct an error in a footnote of an earlier opinion, the Indiana Court of Appeals has affirmed its March decision to give a Franklin County man a second chance at post-conviction relief.
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COA rejects self-defense claim against battery charge

May 5, 2017
 Associated Press
A man who punched a racer at a southern Indiana racing track cannot claim self-defense to rebut his battery charge because the facts show that the man was the initial aggressor against the racer, the Indiana Court of Appeals held Friday.
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COA recommends judge's recusal in remand of motion to contest adoption

May 4, 2017
Olivia Covington
In a 41-page opinion handed down Thursday, the Indiana Court of Appeals reversed the dismissal of a putative father’s motion to contest adoption, finding that the adoptive parents had caused delays in the court proceedings and also noting that the judge in the case should have recused himself to avoid the appearance of impropriety.
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COA affirms summary judgment to parents in family land dispute

May 4, 2017
Olivia Covington
After a yearslong dispute between northern Indiana parents and their daughter and son-in-law, the Indiana Court of Appeals has affirmed the grant of partial summary judgment to the parents, finding that a real estate contract between the two couples was unenforceable.
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Man convicted in IU student's death appeals 80-year sentence

May 1, 2017
 Associated Press
A man serving an 80-year prison sentence for the beating death of an Indiana University student is appealing his sentence.
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Summary judgment for DCS on age, sex discrimination charges affirmed

April 28, 2017
Olivia Covington
The Indiana Department of Child Services did not discriminate against a former employee seeking to come out of retirement when it declined to move him through the interview process, the Indiana Court of Appeals decided Friday.
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COA affirms closing of unsupervised estate

April 28, 2017
Olivia Covington
In a dispute between two northern Indiana sisters, the Indiana Court of Appeals has affirmed the trial court’s decision to close the unsupervised estate of the sisters’ father, finding that the trial court did not apply the wrong legal or statutory standards when closing the estate.
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COA: Vectren projects fail to meet TDSIC requirements

April 27, 2017
Marilyn Odendahl
The Indiana Court of Appeals has pulled the plug on a power company’s plan to hike rates without allowing the public to view and comment on the proposal.
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OWI charge vacated on double jeopardy concerns

April 27, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.
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COA reverses protective order on basis of res judicata

April 27, 2017
Olivia Covington
In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.
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COA reverses dissolution decree imputing potential income to mother

April 26, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older.
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