Indiana Court of Appeals

COA: Man’s habeas petition should be dismissed

April 20, 2016
Scott Roberts
The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.
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COA: Minor lacks standing in suit against health department

April 19, 2016
Scott Roberts
The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.
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COA: Man entitled to full length of disability benefits

April 19, 2016
Scott Roberts
The Indiana Court of Appeals reversed a workers’ compensation board decision and found a man was entitled to the full amount of temporary total disability he requested. His employer did not provide him notice about what would happen if he refused the sedentary job he was offered and the judges held he did not waive the issue.
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COA: Decision will not have ‘unintended consequences’

April 18, 2016
Scott Roberts
The Indiana Court of Appeals said a decision in a case that allows prisoners in an offender work program to enforce the statutory wage requirement would not have “unintended consequences” and reaffirmed its decision on rehearing.
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COA: Marijuana evidence obtained during illegal search

April 18, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s conviction of marijuana with intent to deliver in an amount greater than 10 pounds after it found the trial court abused its discretion by admitting evidence that violated his Fourth Amendment rights to unreasonable searches and seizures.
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COA: Man entitled to refund after property reclaimed

April 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a Vanderburgh Superior trial court Friday, ruling a man can claim a refund after the property he bought at a tax sale was reclaimed by the owner due to a clerical error.
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COA: Fees can be charged in case without indigency hearing

April 14, 2016
Scott Roberts
The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.
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COA: Venue convenience does not trump precedence

April 13, 2016
Scott Roberts
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
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E-filing pleadings to be mandatory July 1

April 12, 2016
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
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COA: Commissions do not qualify as wages under Wage Payment Statute

April 11, 2016
Scott Roberts
The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.
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Appellate pleadings, motions to be put online sometime in next 60 days

April 11, 2016
Scott Roberts
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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COA: Agreed judgment not appealable

April 7, 2016
Scott Roberts
The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
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COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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COA: Woman’s motion in divorce case can stand

April 6, 2016
Scott Roberts
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
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Line in the sand

April 6, 2016
Dave Stafford
Public access and use of the Lake Michigan shore clashes with private property rights in heated case of first impression.
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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COA dismisses improperly filed preliminary injunction motion

April 5, 2016
Scott Roberts
The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.
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Court reduces man's sentence by 3 years

April 5, 2016
Scott Roberts
The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.
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State appellate briefs make online debut

April 1, 2016
IL Staff
Briefs filed in Indiana appeals were made available for online for the first time Friday.
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Interim appellate court clerk replaces Smith

April 1, 2016
Dave Stafford
Long-serving Indiana appellate court clerk Kevin S. Smith resigned recently, and former deputy clerk Greg Pachmayr is now serving as interim clerk.
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Man must pay to clean up meth mess, court affirms

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Majority: injured worker’s immigration status relevant

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
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COA: Man has to abide by settlement

March 30, 2016
Scott Roberts
A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.
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