Court affirms denial of PCR for drug offender
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
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COA dismisses sex offender’s ‘premature’ appeal
A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.
Judgment for law firm in malpractice case reversed
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
U.S. Supreme Court: selling product exhausts patent
In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.
Court affirms weapon, drug convictions after bar incident
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
Failure to sign order sends dog dispute back to court
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
Appeals panel affirms termination of guardianship
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
Appeals court reinstates grant of petition to relocate easement
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
COA affirms convictions in nursing home burglary scheme
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
Law firm entitled to $36k in unpaid legal fees, court rules, but not all it sought
A Vincennes firm scored a partial victory in the Indiana Court of Appeals on Wednesday after the court upheld the award of more than $36,000 in unpaid legal fees for guardianship and estate work. The appeals court remanded the case for reconsideration of other collection costs and prejudgment interest awarded.
COA affirms denial of motion to suppress after prolonged traffic stop
An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.
Man’s companion entitled to compensation for services, COA rules
An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.
COA reverses forfeiture against drug offender
The state must return funds seized from a man convicted of possession of marijuana after the Indiana Court of Appeals found no proof linking the cash to any drug crimes.
7th Circuit orders Lilly to reinstate ex-employee’s disability benefits
Eli Lilly and Co. must reinstate disability benefits to its former human resources director after a divided 7th Circuit Court of Appeals found insufficient evidence to support the company’s argument that the former director could still work despite her fibromyalgia symptoms.
7th Circuit allows inmate’s due process claim to continue
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
Relying on video evidence that contradicts trial court is not ‘reweighing,’ justices rule
An appellate court’s decision to rely on video evidence to reverse a trial court’s findings does not constitute impermissible reweighing of the evidence if the video indisputably contradicts the trial court, the Indiana Supreme Court held Thursday while simultaneously affirming a man’s resisting law enforcement and battery against a law enforcement animal convictions.
Appeals court vacates multiple domestic violence convictions
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
COA affirms $2.13M award against trucking firm in crash
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
COA: Expert should have testified about personal medical practices
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
Supreme Court: ‘remoteness’ of prior conviction doesn’t affect admissibility
Determining that the “remoteness” of a prior offense does not affect the admissibility of evidence at trial, the Indiana Supreme Court has affirmed the award of roughly $2 million in compensatory and punitive damages to a man injured by a drunk driver.