Indiana Court of Appeals

Denomination loses appeal in favor of breakaway church

November 17, 2014
Dave Stafford
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
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Conviction for hit-and-run fatality affirmed

November 17, 2014
Dave Stafford
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
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COA rules contract with missing elements is still valid

November 14, 2014
Marilyn Odendahl
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
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COA reverses judgment for driver in fatality, rules for moped rider’s dad

November 14, 2014
Dave Stafford
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
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Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent

November 14, 2014
Dave Stafford
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
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Agency record required for judicial review of agency action

November 13, 2014
Jennifer Nelson
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
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COA upholds order man pay ex-wife’s appellate attorney fees

November 13, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
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School police justified in searching student’s backpack, COA holds

November 13, 2014
Jennifer Nelson
The search by school police of a student’s backpack was justified based on a teacher’s suspicion that the backpack may have contained drugs or weapons, the Indiana Court of Appeals ruled Thursday. The officer’s search turned up a gun.
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Law firm disqualified based on attorney’s previous representation of doctor

November 13, 2014
Jennifer Nelson
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
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Judge urges high court to look at counsel assistance during state psychiatric exam

November 13, 2014
Jennifer Nelson
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
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Appeals court upholds burglary conviction but sends matter back to trial court

November 12, 2014
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.
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COA: Judge should dismiss habeas petition

November 12, 2014
Jennifer Nelson
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
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Oral argument set for ex-Indiana elections chief

November 11, 2014
 Associated Press
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.
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Mill not entitled to prejudgment interest on breach of contract claim

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a $36 million award to an East Chicago mill after a braking system failure led to the spillage of molten iron within the shop. But the judges reversed the grant of more than $3 million in prejudgment interest.
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COA: Standard of care same for all doctors

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
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Doctrine of continuing wrong not applicable to man’s malpractice claim

November 7, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
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AG asks court to appoint attorney as receiver of INCASA

November 7, 2014
Jennifer Nelson
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
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Residents not entitled to refund for alleged Barrett Law violations

November 7, 2014
Jennifer Nelson
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
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Judges uphold denial of motion to suppress on rehearing

November 6, 2014
Jennifer Nelson
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
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All appeals judges retained by voters

November 5, 2014
IL Staff
The four Indiana appellate judges up for retention this year received approval from voters Tuesday.
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Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014
Jennifer Nelson
An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.
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COA affirms South Dakota law applies to personal injury case

November 5, 2014
Jennifer Nelson
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
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DCS supervisor testimony did not sway case against father

November 3, 2014
Marilyn Odendahl
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
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Summary judgment inappropriate in light of pending discovery

October 31, 2014
Marilyn Odendahl
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
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Treatment facility that released patient information not entitled to summary judgment

October 31, 2014
Marilyn Odendahl
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
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