Indiana Court of Appeals

Wrongful death statute allows for attorney fees, other costs

September 17, 2010
Elizabeth Brockett
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
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ISBA poll on judicial retention to be e-mailed

September 16, 2010
Michael Hoskins
A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.
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Attenuation doctrine doesn't apply under Indiana Constitution

September 10, 2010
Jennifer Nelson
The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.
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COA: Judge could raise affirmative defense on behalf of pro se defendant

September 9, 2010
Jennifer Nelson
A small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.
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COA dismisses appeal as untimely under T.R. 53.3(A)

September 9, 2010
Jennifer Nelson
The Indiana Court of Appeals dismissed a man’s appeal from the denial of his motion to correct error because he didn’t file his notice within 30 days of when the motion was deemed denied, which happened before the trial court actually ruled on the motion.
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Judges split on district's need to pay for new water main

September 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water main as opposed to privately putting in its own water service line to connect to a new school.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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COA reverses judgment on contract-rescission claim against lottery

September 7, 2010
Jennifer Nelson
The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.
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Appeals court looks at revised law on sex-offense status

September 1, 2010
Michael Hoskins
The Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification as a sexually violent predator.
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Landlord not responsible for dog bite

September 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.
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Appeals court hears back-pay arguments

September 1, 2010
Michael Hoskins
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
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Appellate courts address estate tax, trust division regarding adoptions

September 1, 2010
Rebecca Berfanger
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
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COA: variance for residential wind turbine allowed

August 31, 2010
Rebecca Berfanger
The Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind turbine.
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Judges rule man's right to speedy trial was violated

August 30, 2010
Jennifer Nelson
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
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Child must show she is born out of wedlock to inherit

August 27, 2010
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section 29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
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COA concerned about some details in termination case

August 26, 2010
Jennifer Nelson
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling details involving the case.
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Technical difficulties snag high-profile appeal arguments

August 25, 2010
Michael Hoskins
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker borrowed some words from television broadcasters of the past: “Please stand by.”
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8 submit proposals for Indiana appellate system

August 24, 2010
Michael Hoskins
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access and e-filing capabilities.
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COA upholds denial of motion to suppress

August 24, 2010
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest in the subscriber information of an Internet service provider.
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COA addresses inverse condemnation issues

August 20, 2010
Elizabeth Brockett
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding fraudulent concealment and the statute of limitations.
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COA: attorney's statement binding

August 19, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against the company and that admission is binding.
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COA panels divided on attorney's fees under AWDA

August 18, 2010
Jennifer Nelson
Nearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
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Court upholds judgment in legal malpractice suit

August 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although the judges didn’t agree on the professional obligations of the firm based on its contract.
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COA addresses equine statute for first time

August 16, 2010
Jennifer Nelson
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute barred a woman’s claim for injuries during a horse competition.
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Admittance of psychologist's testimony requires new trial

August 13, 2010
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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