Man loses appeal over predator designation
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.
Court opinions
Articles
COA reverses priority status for junior creditor in foreclosure
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.
COA tosses 40-year sentence and $400,000-plus restitution
A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.
Facebook message, other evidence proper in molester’s trial
Evidence including a Facebook message sent to a 15-year-old girl was properly admitted in the trial of a man convicted of sexually abusing her at knifepoint, the Indiana Court of Appeals ruled Tuesday.
Widow not entitled to attorney fees in wrongful death case
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
COA affirms child support, debt division orders
The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage.
Pool appeal sinks Carmel homeowner deeper underwater
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
Snarky former prosecutor no match for plan commission
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
COA upholds guest statute in auto injury case
An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.
COA reiterates Indiana has no private right of action in child abuse cases
Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.
Shoddy documents draws COA ire
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
Teenager loses privacy argument with mom
A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.
Change in tax law allows profitable retailer to receive refund
A ruling from the Indiana Tax Court has positioned a retailer who recorded a banner year in sales and growth in 2003 to get a tax refund from the state of Indiana.
IU Maurer, national law firm to offer unique educational program
From bachelor’s degree to J.D. to a job, Indiana University Maurer School of Law is providing a smooth transition for talented undergraduates interested in finance and the law.
Indiana Supreme Court affirms Kentucky lawyer not a Hoosier
A Kentucky attorney who never practiced north of the Ohio River got the Indiana Supreme Court to agree she was not a Hoosier.
Admitting evidence of ‘signature’ crime was harmless error
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
COA affirms on rehearing ruling against revenue department
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
Valpo ex-attorney Holesinger gets 10 years
Former Valparaiso attorney Clark Holesinger has been sentenced to 10 years in federal prison and ordered to pay nearly $1 million in restitution to clients he defrauded.
7th Circuit affirms judgment for school in bullying case
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.