Widow not entitled to attorney fees in wrongful death case
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
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Opinions Sept. 14, 2015 ILD
Indiana Court of Appeals
William Hatfield v. State of Indiana (mem. dec.)
32A01-1411-CR-510
Criminal. Affirms sentence and conviction of Class A misdemeanor leaving the scene of an accident resulting in injury.
Opinions Sept. 14, 2015
Indiana Court of Appeals
Bryan E. Mitten v. Cynthia L. Mitten
11A01-1501-DR-8
Domestic. Affirms determination of Bryan E. Mitten’s child support obligations and division of the parties’ debts. The trial court ordered that the adoptive father pay $235 per week in child support retroactive to the filing of the divorce petition. The trial court did not abuse its discretion in determining support, and there was no error in the trial court’s division of debt.
Tickets for benefit dinner featuring journalist Bob Woodward now available
Reservations for the Indiana Bar Foundation’s 65th anniversary dinner are now available online.
COA affirms child support, debt division orders
The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage.
Judges to join students in Constitution Day celebration
Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.
Kentucky clerk won’t interfere with gay marriage licenses
Clerk Kim Davis returned to work Monday for the first time since being jailed for disobeying a federal judge and said she was faced with a “seemingly impossible choice” between following her conscience and losing her freedom over denying marriage licenses to gay couples.
Pool appeal sinks Carmel homeowner deeper underwater
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
Opinions Sept. 11, 2015 ILD
Indiana Court of Appeals
Jordan Gray v. State of Indiana (mem. dec.)
49A05-1409-CR-424
Criminal. Affirms convictions of murder, a felony, and attempted murder, a Class A felony.
Opinions Sept. 11, 2015
Indiana Court of Appeals
Robert Blackford v. Boone County Area Plan Commission and Boone County Drainage Board
06A01-1410-MI-437
Miscellaneous. Affirms denial of Blackford’s oral request for a continuance made on the day of trial. Finds Blackford did not articulate any good cause for a continuance or show that he would be prejudiced.
Snarky former prosecutor no match for plan commission
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
A spate of deals brings work for M&A attorneys
A slew of deals were announced on Tuesday, representing an uptick in mid-size to multi-billion dollar deals in industries from media to hospitality. And of course that meant more work for transactional lawyers at many firms.
Indiana ceremony recalls victims of Sept. 11 terror attacks
Indiana's governor and first lady joined in a moment of silence during a ceremony marking the 14th anniversary of the Sept. 11 terrorist attacks.
Former head of Jared Foundation has court hearing
An Indiana man whose criminal case led to federal charges against former Subway pitchman Jared Fogle has appeared in court for an initial hearing on child exploitation charges.
COA upholds guest statute in auto injury case
An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.
COA reiterates Indiana has no private right of action in child abuse cases
Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.
Shoddy documents draws COA ire
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
Teenager loses privacy argument with mom
A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.
Change in tax law allows profitable retailer to receive refund
A ruling from the Indiana Tax Court has positioned a retailer who recorded a banner year in sales and growth in 2003 to get a tax refund from the state of Indiana.
Opinions Sept. 10, 2015 ILD
Indiana Court of Appeals
Charles A. Clark v. State of Indiana (mem. dec.)
34A04-1502-CR-86
Criminal. Affirms conviction of Class D felony obstruction of justice.
In the Matter of the Involuntary Term. of the Parent-Child Relationship of I.A., and his Father, A.A.-S, and Mother, T.S. v. Ind. Dept. of Child Services (mem. dec.)
79A02-1501-JT-34
Juvenile. Affirms termination of parental rights.