Justices vacate transfer in third appeal of Fort Wayne foreclosure case
The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.
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Panel disagrees as to when woman failed to mitigate damages
By a vote of 2-1, the Indiana Court of Appeals Friday reduced nearly $94,000 in damages to just $117 after finding the seller of a condo failed to mitigate her damages after the buyers backed out of the sale over repairs. Judge Cale Bradford believed seller Gayle Fischer was entitled to the original damages award.
Justices uphold termination of mother’s parental rights after years of drug abuse
The Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights to her three children.
COA: Courts need to consider proportionality of damages in restitution orders
The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s loss.
Statement in tort claim does not prevent woman from trying to recover for injuries
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
Appeals court tosses 3 of man’s 5 molestation convictions
A man convicted of five counts of molesting an 8-year-old girl on repeated occasions should only have been convicted of two counts, the Indiana Court of Appeals ruled Tuesday.
7th Circuit finds meth dealer was acting like a merchant, not a manager
Although an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.
Justices rule defendant’s confession came under ‘increasing coercive pressure’
Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.
Contempt conviction for failure to testify affirmed
A woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted of contempt of court, an appellate panel ruled Friday.
Appeals court tosses 1 of man’s 6 drug convictions
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
Appeals court reinstates trucker’s wrongful death suit
A trial court erred in granting summary judgment for an axle manufacturer sued by the estate of a contract truck driver who died when a load fell on him in an accident that occurred while the facility was closed.
Judge’s opinion keeps colleague in suspense
7th Circuit Court of Appeals Judge Richard Posner had a fellow judge on the edge of his seat Thursday waiting to see how the opinion in a murder case would be decided. The court upheld a prisoner’s conviction of first-degree murder of the prisoner’s cellmate.
COA: Social worker able to testify as expert witness
A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.
Ephedrine database allowable under business record hearsay exception
The Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
Insufficient notice voids tax deed
The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.
Man ineligible to bring belated appeal
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
COA addresses first impression issue regarding education under civil rights law
The Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event and later filed a complaint with the Indiana Civil Rights Commission.
Judges rule cop won’t have new trial on murder, arson charges
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
Ex-wife not required to pay attorney fees under FDCPA
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
Prior knowledge of criminal history allows FSSA to disqualify employment
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.