Lawyer entitled to $1.05 million default judgment
The Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated "contumacious disregard" for a trial court's orders.
Court opinions
Articles
High court reverses termination of mom’s rights
The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.
Improper venue doesn’t require acquittal
Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.
Putative dad can file paternity petition for child
The Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could proceed as the next friend of the alleged daughter in her paternity petition.
COA: annexation detailed summary sufficient
Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
Judges question earlier Circuit holding
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
COA: alternative murder sentence illegal
The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
7th Circuit: conviction can’t enhance sentence
A defendant’s conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
Court affirms judgment in school district’s favor
The 7th Circuit Court of Appeals affirmed summary judgment in favor of Indianapolis Public Schools in a copyright infringement case, but first had to decide whether it could proceed on the merits.
Teen’s Fourth Amendment rights not violated
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
Summary judgment affirmed for dairy farm
The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.
Judges differ on application of high court ruling
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
COA: Insurance company can’t deny coverage
The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.
Men took substantial steps to commit crime
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.
Court rules on tort claims and wrongful death
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.
Court: Rehabilitation evaluation a must
The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.
Court split on mother’s battery conviction
In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.
Courts leave election law questions unanswered
In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.
Court rules on media access to CHINS cases
For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child.
Convictions don’t violate double jeopardy
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.