Court erred in denying mother visitation with child under guardianship
A Madison County court wrongly refused to hear a mother’s petition for visitation with her child who is subject to a guardianship, the Indiana Court of Appeals ruled Monday.
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COA allows construction project to continue in historic district
Construction of a parking lot and retail center in a historic preservation district will continue despite objections from homeowners in the area after the Indiana Court of Appeals upheld a ruling from the Indianapolis Historic Preservation Commission.
Horse Racing Commission must pay horsemen $56K in legal fees
A judge has ordered the state agency that regulates horse racing to pay the legal fees of an owner who successfully challenged an administrative rule restricting racehorses’ ability to compete outside Indiana. Judge William T. Lawrence of the U.S. District Court for the Southern District of Indiana on Monday ordered the Indiana Horse Racing Commission to pay $56,365 in attorney fees and costs to plaintiffs who won a ruling last year overturning a commission regulation.
7th Circuit affirms ruling for maker in IUD liability case
The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus. The decision upheld a ruling for the device maker in federal district court.
Attorney fee denial affirmed in investor’s unsuccessful lawsuit
An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.
Vanderburgh County murderer loses PCR bid
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
Justices allow Arkansas to enforce abortion restrictions
The Supreme Court on Tuesday allowed Arkansas to enforce restrictions on how so-called abortion pills can be administered while a legal challenge to the restrictions proceeds, which critics say effectively ends that option for women in the state.
Indiana Court Decisions — May 10-22, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Negligence suit from bicyclist hit by officer’s car remanded for trial
A negligence case against the town of Chesterton and the Porter County Drug Task Force must proceed to trial after the Indiana Court of Appeals ruled there was a genuine issue of material fact as to whether the plaintiff who brought the case was contributorily negligent in the bicycle-vehicle accident.
7th Circuit upholds LWOP sentence for convicted murderer
An Indiana man convicted of murdering his ex-wife with a crowbar will continue to serve his life without parole sentence after the 7th Circuit Court of Appeals denied the habeas relief he sought on the basis of ineffective assistance of trial counsel.
Grandmother can’t bring child wrongful death suit, COA rules
A woman who claimed to be her grandson’s de facto custodian failed to convince the Indiana Court of Appeals that she had standing to bring a suit on the child’s behalf after he and his mother perished in an apartment fire.
Man’s contempt order for bail violation reversed on appeal
A northern Indiana trial court’s contempt order against a man who violated a condition of bail was an abuse of discretion, the Indiana Court of Appeals ruled Wednesday, reversing the order.
Insurer loses appeal in home-health worker crash case
An insurance dispute over who should pay for a bicyclist’s injuries sustained after he was struck by a vehicle driven by a home health aide will continue after an appeals court ruling that left the question open for now.
Supreme Court greenlights driver rights in rental car case
The U.S. Supreme Court ruled Monday that people who borrow rental cars from friends or family are generally entitled to the same protections against police searches as the authorized driver.
Supreme Court rules for inmate whose lawyer conceded guilt
The Supreme Court ruled Monday that a lawyer for a criminal defendant cannot override his client’s wish to maintain his innocence at trial, even if the lawyer’s aim is to avoid a death sentence.
COA finds warehouse not liable for cargo-related deaths
An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.
Supreme Court makes legal sports betting a possibility
The U.S. Supreme Court struck down a federal law Monday that bars gambling on football, basketball, baseball and other sports in most states, giving states the go-ahead to legalize betting on sports. Indiana was among the states pushing for the decision.
Appeals court orders Yorktown clerk-treasurer’s removal
The Indiana Court of Appeals has ordered the removal of the Yorktown clerk-treasurer from office after determining that her failure to properly reconcile the town books for four consecutive years warranted her removal. In response, the elected office holder has pledged to take her case to the Indiana Supreme Court.
Court reverses doctor’s $1M defamation award against CVS
An Indianapolis doctor awarded $1.025 million in defamation damages against CVS after a federal jury trial lost it all Thursday when the 7th Circuit Court of Appeals reversed the decision. The panel ordered a new trial on greatly reduced claims for damages.