Justices to hear attempted murder, UIM recovery appeals
Indiana Supreme Court justices granted transfer in two cases last week concerning attempted murder and uninsured motorist coverage recovery, rejecting 25 other cases.
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Miami County seeks to overturn dam repairs ruling
A northern Indiana county is seeking to overturn a court ruling that puts it on the hook for costly repairs to six aging dams in a lake-filled subdivision. Miami County is challenging a Marion County judge’s August ruling which found that the Indiana Department of Natural Resources had the authority to require property owners and Miami County to fix the dams at the Hidden Hills subdivision.
Justices, split 3-2, reject Facebook harassment, casino revenue cases
A mother who made threatening statements toward law enforcement on Facebook after the death of her son will not have her case heard by the Indiana Supreme Court, although two justices voted to grant transfer in the case. Justices also rejected two other appeals on a 3-2 vote.
Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
COA reverses for insurance company, against quadriplegic man
An Indiana Court of Appeals panel has reversed the grant of a quadriplegic man’s motion to dismiss a declaratory judgment action after it found he was not entitled to bodily injury liability coverage under his insurance policy.
Med-mal claim reinstated against Bloomington nurse practitioner
A ruling that favored a Bloomington nurse practitioner was reversed Thursday after the Indiana Court of Appeals found a question remained about whether she had provided health care to a patient just days before he suffered from cardiac arrest.
Rehearing: COA improperly applied continuous crime doctrine in rape case
A man’s strangulation conviction associated with a rape conviction in the same case will remain vacated despite an appellate panel’s agreement on rehearing that it improperly applied the continuous crime doctrine to his conviction.
COA tosses belated probation revocation appeal
Indiana Supreme Court rulings do not permit a belated appeal of a probation revocation, the Indiana Court of Appeals held in dismissing a man’s appeal in such a case Thursday.
Justices deny transfer to 11 cases, rule in juvenile counsel dispute
The Indiana Supreme Court declined to hear all but one of a dozen cases requesting to be heard last week. The justices denied 11 petitions, including one denial in a sentencing appeal resulting from a rare 2-2 deadlock.
Justices amend appellate procedure rules
The Indiana Supreme Court has made amendments to several Indiana Appellate Rules of procedure. The amended rules largely address changes in notice of appeal requirements.
Denial of last-minute habitual offender amendment upheld in triple-fatal
A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.
Surgeon loses malpractice appeal in amputation case
A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.
COA will hear habitual offender, frat house oral arguments
The Indiana Court of Appeals is set to hear oral arguments this week involving a man’s prolonged fight against his habitual offender status as well as a dispute regarding an Indiana University fraternity house property.
Collaboration creates appellate pro bono effort for domestic violence survivors
When Faegre Baker Daniels attorney Blayre Marley heard about the pro bono work her colleague Matt Albaugh and Kerry Hyatt Bennett of the Indiana Coalition Against Domestic Violence were doing for survivors at the appellate level, she jumped at the opportunity to join them.
U.S. Supreme Court again refuses to hear Blagojevich appeal
The Supreme Court of the United States for the second time has refused to hear an appeal by imprisoned former Illinois Gov. Rod Blagojevich of his corruption convictions.
Supreme Court takes RV dealer’s tax case
An Indiana case dealing with out-of-state tax issues will come before the Indiana Supreme Court after the justices unanimously granted review to a dispute between the Indiana Department of State Revenue and a Hoosier RV dealer.