Justices: Amended statute retroactively applies in eminent domain action
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
Indiana Court of Appeals
Articles
COA affirms ruling for insurer in UIM recovery case
An estate that secured more than $100,000 in settlements following a deadly car crash couldn’t convince the Indiana Court of Appeals that summary judgment should not have been granted to the deceased’s parents’ insurer.
Reversal: Utility must face suit in stoplight outage crash
Negligence claims brought against Indianapolis Power & Light after an auto accident caused by inoperable traffic lights will continue after the Indiana Court of Appeals reversed a ruling granting the power company judgment on the pleadings.
Supreme Court grants partial victory for would-be buyers in Rainbow Realty dispute
Would-be homebuyers secured a partial victory from the Indiana Supreme Court against Rainbow Realty Group after it concluded the parties’ rent-to-buy agreement was not a land-sale contract. However, relief awarded to the tenants under Indiana’s Deceptive Consumer Sales Act was reversed.
State cannot overcome calendar in appeal of suppression order
Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.
Despite fact dispute, estate must sue psychiatric center under Med-Mal Act
Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.
Lack of endangerment reverses public intoxication conviction
A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.
Rehearing is little relief for convicted Muncie pain clinic doctor
A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.
Biased juror’s seating reverses post-conviction ruling on rehearing
An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.
COA rules for buyers in Zionsville real estate dispute
The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.
Automatic annual sewer connection fee increases struck down
Towns and cities in Indiana may not adopt a sewer connection fee structure that contains annual increases for new construction, the Indiana Court of Appeals ruled Wednesday in a development case closely watched by homebuilders and local governments.
Molester’s 500-plus-year sentence largely upheld
A Rushville man’s sentence of more than 500 years in prison for sexually assaulting his two daughters over the course of their infancy, childhood and teen years was affirmed in large part Tuesday by the Indiana Court of Appeals.
COA affirms dismissal of legal malpractice claim
A convicted child molester who was previously admonished for attempting to circumvent appellate procedures has again lost a case at the Indiana Court of Appeals, this time for legal malpractice allegations against his trial counsel.
Charter schools, state face off in tuition dispute before appellate panel
A panel of the Indiana Court of Appeals heard arguments Monday between numerous Indiana charter schools and the state regarding several million dollars in unpaid tuition the schools say was not provided to cover costs for students.
COA affirms father’s child molestation convictions
Multiple child molestation charges against a father will stand, the Indiana Court of Appeals affirmed Monday, rejecting the man’s arguments that a video-recorded interview of the victim and statements she made to a therapist and nurse should not have been admitted into evidence.
Appeals court reverses ‘draconian’ dismissal of will challenge
Calling a trial court’s dismissal of a relative’s petition to contest a will “draconian,” the Indiana Court of Appeals on Friday reinstated the petition and sent the case back to Lake County to be heard in the superior rather than circuit court.
Divided ruling: Felony reduced to misdemeanor means longer expungement wait
The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”
Indiana’s struggle with insanity defense mirrors coming SCOTUS case
A case that split the Indiana Supreme Court last December over a criminal defendant’s mental capacity to appreciate the wrongfulness of her actions dovetails into a larger question looming before the U.S. Supreme Court — whether states have to provide laws that allow for an insanity defense.
OWI conviction upheld for driver snoozing in parked, running car
A man asleep behind the wheel of a parked but running car after a night of drinking couldn’t convince the Indiana Court of Appeals that there was insufficient evidence to prove he had been operating the vehicle.
State appeals $8.5M award to charter schools over unpaid tuition
A dispute between a group of Indiana charter schools and the state concerning unpaid tuition money will be heard next week by the Indiana Court of Appeals.