Articles

Sunburned man gets no relief

The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist. 

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Title insurer had duty to defend

The 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.

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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.

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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.

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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.

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Indiana justices accept 4 cases, deny 27

The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.

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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.

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Judge: More small claims reforms pursued

More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.

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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.

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