On rehearing, appeals court reins in DCS on CHINS custody change
The Department of Child Services lost on rehearing its argument that a custody modification ordered in a child in need of services case survives the CHINS proceeding.
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COA: third-party perpetrator evidence not relevant
A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.
Circumstantial evidence supports murder conviction
Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.
Appeals court orders physical custody of child back to father
A mother has lost primary physical custody of her daughter after the Indiana Court of Appeals decided on Thursday to reverse and remand a decision that would have taken the daughter out of the custody of her father and instead place her in the primary custody of her mother.
Opinions Sept. 8, 2016
Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
33A01-1602-CT-265
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.
Bad-faith deal after bar assault clears insurer
Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.
COA finds notice on out-of-state parties sufficient to affirm
Lawyers for a man injured in a crash involving a tractor-trailer sufficiently served the truck driver and the transport company, the Indiana Court of Appeals ruled Thursday in affirming a default judgment in favor of the injured driver.
Tax Court stands by lower assessment basis for big-box store
Indiana Tax Court rejected a county assessor’s appeal of the slashed assessed valuation of a department store, forcefully affirming that large retailers may base their assessments on the sale prices of similar vacant or “dark” retail store properties.
Builder’s statute of limitations defense prevails in COA
The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.
COA reverses resisting law enforcement convictions based on video evidence
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
Biden, Supreme Court nominee on Hill to pressure GOP
Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place — meeting with a Democratic senator who complained about Republicans' inaction on President Barack Obama's Supreme Court nominee.
I-69 developer’s missed payments ignites dispute
A southern Indiana mayor blamed Republican Gov. Mike Pence's administration on Wednesday for allowing a private developer to fall behind in payments to subcontractors, leading to a work stoppage on a new section of the Interstate 69 extension project.
EPA adds Indianapolis groundwater plume to priority list
The U.S. Environmental Protection Agency on Wednesday added an 18-acre contaminated groundwater site on the west side of Indianapolis to the National Priorities List of Superfund sites.
Uber gains leverage against drivers with ruling on arbitration
Uber Technologies Inc.’s arbitration agreements were largely ruled by an appeals court to be valid and enforceable in a decision that undercuts drivers’ efforts to secure the benefits and protections of employees.
House to vote on Sept. 11 lawsuit bill opposed by Saudi Arabia
The U.S. House of Representatives plans to vote this week on Senate-passed legislation that would allow families of the Sept. 11 victims to sue Saudi Arabia for liability in the attacks.
Man whose truck dragged dog 5 miles to death out of jail
An Evansville man convicted of threatening a woman who stopped his truck after it had dragged a dog more than 5 miles to its death is free after already serving his sentence.
Committee to weigh new courts, changes for existing courts
The next meeting of the General Assembly’s Interim Study Committee on Courts and the Judiciary will consider requests for new courts and changes to existing courts when it meets Sept. 22.
ITT Educational employees file lawsuit over sudden terminations
Two employees who were terminated Tuesday as part of mass layoff by ITT Educational Services Inc. have filed a lawsuit claiming the Carmel-based firm violated federal law by failing to provide 60-days notice.
Fired Elkhart city attorney files federal suit against mayor
A female Elkhart city attorney who claims the newly elected mayor fired her because he “wanted my own guy” has filed a federal lawsuit alleging her First Amendment rights were violated. She also claims age discrimination and violation of the Equal Pay Act.
Opinions Sept. 7, 2016
Indiana Court of Appeals
In the Matter of: J.B., A Child in Need of Services: S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
47A01-1604-JC-765
Juvenile CHINS. Affirms J.B.’s designation as a child in need of services.