COA: Tenant does not have obligation to indemnify landlord
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
Court opinions
Articles
COA reverses grant of woman’s unemployment benefits
The Indiana Court of Appeals reversed unemployment benefits awarded to a woman after it found she did have notice her job was in jeopardy despite various notes thanking her for her help in office matters she received from her employer.
Vendor, Department of Revenue win partial victories on sales tax case
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
Pence praises US Supreme Court immigration ruling
Indiana Gov. Mike Pence praised a ruling by the U.S. Supreme Court striking down President Barack Obama's executive order on immigration.
7th Circuit reversal: Conour fraud victims, not creditor, take priority
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
COA: Seller not liable for undisclosed septic system
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
Murder defendant’s trial attorney ineffective, COA rules
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
High court limits drunken-driving test laws
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
High court limits use of repeat offender law
The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.
7th Circuit: Women’s services ad can be posted in buses
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
7th Circuit: Omission of fibromyalgia diagnosis reversible error
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
Justices rule jury instruction not fundamental error
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
Appeals court reverses adoption petition
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
COA: Unreturned warrant doesn’t justify trial delay
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
Abortion, race, immigration among last Supreme Court cases
It happens every June. The Supreme Court of the United States nears the finish line with the most contentious cases still to be resolved.
COA: ADA does not apply in termination proceedings
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
Appeals court affirms reinstatement of drug sentence
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
COA dismisses appeal of agreed judgment
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
Appeals court affirms town’s annexation ordinance is void
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
COA: Judge’s comments do not require dismissal of charges
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.