COA disagrees on reason to grant appeal
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
Court opinions
Articles
Law doesn’t contain presumption on negligence
The Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a suit against a school for the death of a student.
High court grants transfers with opinions
The Indiana Supreme Court granted transfer with opinion to two cases today and granted transfer to another, which it remanded to the Indiana Court of Appeals.
Court: CHINS records aren’t available to media
The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.
Prior conviction counts in sentencing decision
A prior drunk-driving conviction – reached pursuant to a state statute now repealed and recodified in a newer law – can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.
Judges disagree on punitive damages award
The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.
7th Circuit panel opines practical tips
The 7th Circuit Court of Appeals has some practical advice for criminal law attorneys who go before federal judges: have handy a copy of federal criminal procedure rules, particularly those involving plea discussions at sentencing, and don’t be afraid to correct or point out omissions to a judge.
Court remands to recalculate attorneys’ fees
The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.
7th Circuit affirms in questionable merger case
The judges of the 7th Circuit Court of Appeals took a plaintiff to task for filing a frivolous appeal and evading regulations of the Securities Act of 1933.
COA: Award fees for litigation costs
The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.
Court: Lawyer necessary in federal litigation
Although the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case.
No partial parental right termination allowed
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
Judges split on sentence reduction
An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.
COA: Let a sex offender stipulate
A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
$1.25 million med mal verdict affirmed
The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression
that will likely impact future medical malpractice suits.
7th Circuit cautions about propensity inference
The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how
a previous drug conviction showed the man had intent or absence of mistake in the instant case.
Adult son could file paternity, support petition
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
Amendment trumps high court ruling
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
Mom not in contempt over middle name change
A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.
Justices analyze occurrence-based limitations
Two Indiana Supreme Court justices dissented from the majority today in two medical malpractice suits because they believed the majority's reasoning behind the decisions that both plaintiffs' claims are time-barred would foster suspicion and doubt between health-care providers and their patients.