Judge Paul D. Mathias

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An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.

Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

A divided Indiana Court of Appeals panel cut a child molester’s sentence in half after it concluded that the length of his sentence was inappropriate due to his dementia and incompetence, among other things.

More than 50 cases were denied transfer last week, but Indiana Supreme Court justices agreed to hear arguments in two cases involving a teen’s murder and a reversed denial to terminate a mother’s parental rights.  

An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.

An Indiana Court of Appeals panel was asked to consider whether a reporter’s use of the word “incompetent” to describe a former Elkhart teacher’s termination was defamatory language – and ultimately whether a newspaper had the right to publish a story using the contested word.   

A woman arguing interest should accrue on marital asset payments from her former husband failed to sway an appellate panel, which concluded the trial court was not required to include interest when reducing an equalization payment to a judgment.

The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.