Indiana Court of Appeals

COA finds electrician can sue former employers after mesothelioma diagnosis

September 28, 2016
Olivia Covington
The Indiana Court of Appeals held Wednesday that an electrician can sue his former employers for negligence and liability after he was exposed to asbestos.
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COA says attempted murder is not an exception to voluntary intoxication statute

September 28, 2016
Olivia Covington
The Indiana Court of Appeals found Wednesday that a man cannot have his attempted murder charge overturned because he was drunk at the time of the incident, writing that voluntary intoxication does not negate the specific intent to kill requirement of an attempted murder charge.
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COA finds no evidence of severe mental illness to prohibit pro se proceedings

September 28, 2016
Olivia Covington
A woman’s convictions for possession of controlled substances and operating a vehicle while intoxicated will stand after the Indiana Court of Appeals found Wednesday that she did not suffer from a severe mental illness that should have precluded her from proceeding pro se.
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COA rules that negligent hiring claim against Pizza Hut can proceed

September 27, 2016
Olivia Covington
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
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Court of Appeals finds parents unfit, affirms termination of parental rights

September 26, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.
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COA affirms denial of timber buyer’s petition for post-conviction relief

September 26, 2016
Olivia Covington
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
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COA affirms denial of foster parents’ petition for adoption

September 23, 2016
Olivia Covington
A set of foster parents do not have the right to adopt two children without their father’s consent despite the fact that the father does not have visitation with the children, the Indiana Court of Appeals found Friday.
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COA vacates public defender, probation fees for indigent man

September 21, 2016
Olivia Covington
The Indiana Court of Appeals has vacated an order for a man convicted of public intoxication and found to be indigent to pay more than $600 in public defender and probation fees.
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COA finds that defendant did not prove counsel error

September 21, 2016
Olivia Covington
The Indiana Court of Appeals will not reverse a decision to deny a man’s petition for post-conviction relief after he was convicted of three counts of felony robbery, despite his argument that the third charge of felony robbery was added against him in an untimely manner.
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Lake Michigan private, public land rights clash before COA

September 21, 2016
Dave Stafford
Long Beach, Indiana, is at the center of a landmark dispute between public access and private property rights to the Indiana shore of Lake Michigan.
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Tweeting reporters allowed in court?

September 21, 2016
Olivia Covington
Members of the media and judges are working together to develop standards for journalists who want to cover court proceedings to protect defendants and allow transparency.
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COA reverses judgment against State Farm, finds trial court erred in excluding evidence

September 20, 2016
Olivia Covington
The Indiana Court of Appeals reversed a judgment Tuesday against State Farm Mutual Automobile Insurance Co. after finding that a trial court erred in excluding evidence that could have proven the insurance company did not play a role in an accident that led to the plaintiff suffering from severe migraine headaches.
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Woman’s criminal recklessness, battery convictions against husband affirmed

September 20, 2016
Olivia Covington
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
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Supreme Court takes post-conviction case of convicted murderer

September 19, 2016
Olivia Covington
The Indiana Supreme Court will decide if a man convicted of murder in 1996 should be granted post-conviction relief based on the fact that his trial counsel was ineffective and his petition is not barred by laches.
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K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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Mother fails to prove entitlement to coverage after untimely payment

September 16, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a Hendricks County woman’s insurer on her suit alleging breach of contract after the insurance company declined to cover her son’s auto accident, which occurred after she let her coverage lapse for nonpayment.
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COA: Defrauded Logansport business can’t sue Michigan law firms here

September 16, 2016
Dave Stafford
A Logansport businessman who was defrauded of more than $20,000 cannot use Indiana courts to sue the Michigan law firm whose client was later convicted of wire fraud, the Indiana Court of Appeals ruled Friday.
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Appeals court affirms decision to strip parental rights

September 15, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
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Property award to ex-girlfriend of longtime boyfriend affirmed

September 14, 2016
Jennifer Nelson
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
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COA affirms health services provider in contempt for not producing records

September 14, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed that Meridian Health Services was in contempt of court when it failed to provide a patient’s father with her health records after a subpoena ordered the health services provider to do so.
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COA affirms conversion judgment against mortgage lender

September 14, 2016
Dave Stafford
A mortgage company lost its appeal of a ruling that it effectively stole the Muncie property from its borrower, who is entitled to $158,392.50 in damages, including $74,000 under the Indiana Crime Victims Relief Act.
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COA: Discovery rule applies in inverse condemnation action against Duke Energy

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Monroe Circuit Court decision to dismiss a complaint against Duke Energy after finding that the trial court erred when it ruled that the statute of limitations for the complaint had expired.
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COA orders couple to pay fees to lot owner’s association

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has ordered a couple to pay a Bartholomew County lot owner’s association $6,000 in assessment fees despite the couple’s claim that they are not members of the association.
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Court of Appeals upholds denial of request to set aside 1997 divorce decree

September 9, 2016
Olivia Covington
The denial of a woman’s request to set aside her divorce decree nearly 20 years after the end of her marriage because of fraud on the part of her ex-husband has been upheld by the Indiana Court of Appeals.
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