Indiana Court of Appeals

COA: Attorneys can rely upon representations of other attorneys

March 16, 2016
Scott Roberts
The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.
More

COA: Firm has no private cause of action to gain back fees

March 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
More

Appeals court rules Notre Dame police subject to APRA

March 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled Tuesday the University of Notre Dame Police Department is a public agency under the Indiana Access to Public Records Act and is subject to APRA requests, overturning a trial court decision in St. Joseph Superior Court.
More

COA: Uninsured man can negotiate hospital bills

March 14, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state’s Hospital Lien Act allows an uninsured hospital patient to negotiate the terms of his contract with the hospital after a man was charged more than $600,000 for a nearly three-month stay.
More

COA rules in favor of IHSAA in basketball fight

March 11, 2016
Scott Roberts
The Indiana Court of Appeals reversed a preliminary injunction against the Indiana High School Athletic Association in a case involving a fight between Griffith and Hammond High Schools last year that allowed both schools to participate in the IHSAA tournament. The COA said the trial court improperly added its own judgment and remanded the case to the trial court for further proceedings.
More

Wife to receive more in divorce settlement

March 11, 2016
Scott Roberts
A wife will get around $116,000 more in a divorce settlement after the Indiana Court of Appeals found the trial court erred in applying the coverture fraction formula to the husband’s retirement accounts.
More

COA overturns trust validity case

March 10, 2016
Scott Roberts
A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.
More

Woman’s self-improvement efforts not enough to change sentence

March 10, 2016
Scott Roberts
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
More

Bad publicity not enough to justify preliminary injunction

March 10, 2016
Scott Roberts
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
More

Denial of jury instruction was correct, COA rules

March 10, 2016
Scott Roberts
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
More

Man has to pay back money despite court errors

March 9, 2016
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
More

COA denies expungement after man admitted to committing crime

March 9, 2016
Scott Roberts
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
More

COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
More

COA: man not entitled to relief under firearms statute

March 3, 2016
Scott Roberts
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
More

COA says town didn't defame employee after audit

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision denying a town summary judgment after a former employee claimed defamatory damages when the town fired her after completing an audit.
More

COA affirms man not entitled to overtime pay

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man was not entitled to overtime pay because his contract specified as such during his employment.
More

COA: Man should have met with state public defender’s office

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed the grant of the state’s motion for summary denial of man’s request for post-conviction relief because his case was not forwarded to the State Public Defender’s Office.
More

Court says children were endangered by public intoxication

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.
More

Appellate court filings to be put online April 1

February 29, 2016
Scott Roberts
A task force created by the Indiana Supreme Court to look into remote access and privacy of electronic records decided appellate court briefs filed by attorneys would be put online at mycase.in.gov beginning April 1.
More

COA: Wood boiler cannot be used while court case is pending

February 25, 2016
Scott Roberts
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
More

COA agrees state did not interfere with defense

February 25, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
More

Court finds double jeopardy in stalking case

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.
More

ESPN makes appeal for Notre Dame police records

February 24, 2016
Dave Stafford
ESPN Inc. argued public policy, legislative intent and precedent in Indiana and other states favor a Court of Appeals order for University of Notre Dame police to release records of incidents involving student athletes.
More

Appeals court reverses Indy recycling contract decision

February 24, 2016
Scott Roberts
The Indiana Court of Appeals has reversed summary judgment in favor of the city of Indianapolis and the Board of Public Works regarding a controversial contract with Covanta to create a trash and recycling center.
More

Appeals court: man denied full credit time

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s sentence for theft and resisting law enforcement after ruling he should have been granted credit time.
More
Page  << 11 12 13 14 15 16 17 18 19 20 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

ADVERTISEMENT