Neglect conviction, sentence in child’s death affirmed
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Court opinions
Articles
Appeals court reverses termination of father’s rights
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
Post-judgment interest award reversed
An award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the Indiana Court of Appeals ruled.
Appeals court upholds judgment for mortgage company
A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.
Arguments for pretrial release found to be ‘unquestionably inappropriate’
The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.
Sex offender registry listings subject of court appeals
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit
The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.>
Justices deny transfer on 13 cases
The Indiana Supreme Court added no cases to its docket, according to the report on transfer action for the week ending Sept. 7.
In reversal, tax court says estate not entitled to interest on refund, judgment
The estate of a Lowell chef and food production expert is not entitled to interest on a refund or judgment interest that the Lake County probate court awarded, the Indiana Tax Court ruled Friday.
Father’s consent not necessary for adoption to proceed
Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.
Judges order new trial based on prosecutor’s comments
Comments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals ruled.
Judges affirm jury instruction was not permitted under Barnes
The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
Man’s additional charges should have been dismissed
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
Court orders more proceedings on suit involving former Junior Achievement VP
The 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of his protests about the company’s failure to deposit money into his retirement account.
Previous testimony allowed in murder trial
A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.
COA orders judge grant motion for bail bond reduction
Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.
Judges disagree over whether car ad implied drivability
The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
Worker’s Compensation Act doesn’t give board ability to decide contract construction issue
The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.
Suit challenging construction of asphalt plant timely filed
The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.
Teen loses on appeal negligence suit filed for softball injury
A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.