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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Court correctly ruled toxicology department audit results ‘irrelevant’
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
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.
Attorneys ask justices to release Camm while awaiting retrial
Attorneys for David Camm, a former Indiana State Trooper twice convicted of killing his wife and two children, are asking the Indiana Supreme Court to order a special judge to release Camm from his pre-trial detention.
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.
Miami Circuit Judge Robert Spahr dies
Miami Circuit Judge Robert A. Spahr, 66, died Monday at his residence after a brief battle with cancer.
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.
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.
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.
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.
Convicted sex offender appeals requirement to register in Indiana
A Massachusetts man who pleaded guilty to rape and abuse of a child in that state in 1984 will argue before the Indiana Court of Appeals Wednesday that he should not have to register in Indiana, where he now lives.
Fishers company loses Marilyn Monroe court appeal
CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.
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.
Massa appointed chair of St. Joe judicial nominating commission
Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.
Woman fails to prove animal fighting statute is unconstitutionally vague
A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.