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A trial court erred in granting summary judgment to a hospital and a doctor who performed a hysterectomy during which an arm board became unattached. After the patient’s arm dangled for much of the surgery, she was diagnosed with nerve damage in her arm.
The ex-husband in an acrimonious domestic relations case is entitled to $9,000 in legal fees a trial court awarded to him as well as judgments in his favor on parenting time and child support, the Indiana Court of Appeals ruled Monday.
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
A woman who was wrongfully convicted of murdering her 3-year-old son is suing the government and alleges a federal officer helped investigators frame her for the crime.
A Steuben County town court judge who was admonished in 2012 for improper ex parte communications for assuming the role of prosecutor in a traffic infraction in her court has been admonished again for a similar violation.
Indiana lawmakers are taking up Republican-backed proposals to eliminate straight party-line voting on state ballots and require the use of voter identification numbers for mail-in absentee ballots, moves that Democrats argue will make voting more difficult and could hurt turnout.
George Pancol, judge of Madison Circuit Court 2, is going blind. The doctors can't agree why.
A terminally ill woman whose desire to have her same-sex marriage recognized by Indiana before she died helped galvanize efforts to overturn the state's gay marriage ban has lost her battle with cancer.
One-time Martin Circuit judge and county prosecutor Robert J. Howell pleaded guilty Friday to charges that he failed to pay more than $66,000 in taxes on receipts from his law firm in Loogootee.
Indiana Court of Appeals
Max E. Long v. State of Indiana (mem. dec.)
07A05-1405-CR-222
Criminal. Affirms convictions of Class C felony operating a vehicle with lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated, and revocation of probation.
In Re The Guardianship of Samantha R. Barton, Harriet Barton v. James P. Barton (mem. dec.)
85A02-1403-GU-213
Guardianship. Affirms appointment of James P. Barton guardian of Samantha R. Barton.
Tamara Krebs v. Michael C. Krebs (mem. dec.)
49A02-1402-DR-66
Domestic relation. Affirms order granting Michael C. Krebs primary physical custody of the parties’ two children.
Shannon Robertson v. State of Indiana (mem. dec.)
79A05-1407-CR-302
Criminal. Reverses intimidation conviction as double jeopardy with a conviction of attempted battery with a deadly weapon. Remands with instructions to vacate the intimidation conviction.
Indiana Court of Appeals
Kirk R. Jocham v. Melba Sutliff
29A02-1406-DR-424
Domestic relation. Reverses order granting Sutliff grandparent visitation. The court ruled that Sutliff, the maternal grandmother, had no standing to petition for visitation when she did because her former son-in-law had remarried and the couple had adopted the grandchild after the death of Sutliff’s daughter, the grandchild’s mother.
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
Guantanamo Bay and its long-term consequences will be examined during the annual symposium of the Indiana International and Comparative Law Review at Indiana University Robert H. McKinney School of Law.
As federal authorities continue to investigate a hack of Anthem databases storing identifying details including names, addresses and Social Security numbers of about 80 million customers, the office of Attorney General Greg Zoeller released the following consumer question-and-answer for affected Hoosiers.
The leader of the Indiana House of Representatives isn’t making any predictions on the fate of a proposal to legalize Sunday carryout alcohol sales.
Vanderburgh County Prosecutor Nicholas Hermann said federal arrest warrants have been issued for more than 50 people allegedly involved in a meth-trafficking ring that funneled the drug into the area from four other states.
Indiana Court of Appeals
William Temple v. New Castle Correctional Facility (mem. dec.)
33A01-1408-MI-336
Miscellaneous. Grants petition for rehearing and affirms denial of petition for post-conviction relief.
Marques Love v. State of Indiana (mem. dec.)
49A02-1406-PC-436
Post conviction. Affirms denial of petition for post-conviction relief.
James Stewart v. State of Indiana (mem. dec.)
71A05-1406-CR-287
Criminal. Affirms felony murder conviction and sentence.
State Farm Fire and Casualty Company v. Scott C. Smith (mem. dec.)
45A04-1407-PL-336
Civil plenary. Reverses judgment for Smith on his lawsuit for breach of contract. Remands with instructions that a new appraisal in compliance with policy terms take place.
J.W. v. P.B. (mem. dec.)
16A01-1406-DR-239
Domestic relation. Affirms order reducing P.B.’s child support obligation.
William N. Perry v. State of Indiana (mem. dec.)
01A05-1402-CR-55
Criminal. Affirms convictions of Class C felony child molesting and Class D felony intimidation.
7th Circuit Court of Appeals
Richard Wagoner v. Bruce Lemon, commissioner of the Indiana Department of Corrections, and Indiana Department of Corrections
13-3839
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Affirms summary judgment in favor of the commissioner and DOC on Wagoner’s claims of violations of Section 1983 and Title II of the ADA and the Rehabilitation Act. Wagoner did not show that he was denied access to any service or program because of his disability. Stresses it is better practice to hold a Pavey hearing separate from and before considering a motion for summary judgment.
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
A veterans court could be up and running in Hamilton County within 45 days after the county council on Wednesday approved startup funding.