Articles

COA affirms CHINS adjudication in timeliness argument

The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.

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Citing evidence error, COA remands family farm dispute

The Indiana Court of Appeals reversed and remanded the denial of two siblings’ motion for summary judgment against their brother in a family trust case, finding that the trial court erred by considering evidence that had not been designated.

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Judgment affirmed for Anderson attorney in legal malpractice case

Judgment for an Anderson attorney who allegedly failed to act in his client’s post-conviction relief case for nearly seven years after collecting a nearly $25,000 retainer was upheld by the Indiana Court of Appeals. The panel affirmed a trial court ruling that the ex-client’s legal malpractice claim was time-barred.

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Neighbors ask for rehearing on Right to Farm Act dispute

Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.

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Judgment for trooper in motorcycle crash suit reversed

A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.

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Attempted murder convictions upheld in best friend stabbing

Convictions for a man who attempted to murder his best friend have been upheld after the Indiana Court of Appeals found no abuse of discretion in admitting statements under the excited utterance exception, or when it allowed the state to ask the victim leading questions due to his injuries.

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Goff discusses path to bench, sentencing reform efforts

Indiana Supreme Court Justice Christopher Goff won the lottery. That’s how he describes his legal career, at least. Goff spoke about his legal and judicial career during a Friday afternoon session at the Indiana State Bar Association Solo/Small Firm Conference, held over the weekend in French Lick.

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Gary’s gun lawsuit gets revived with COA ruling

Nearly 20 years after it was originally filed, the city of Gary’s lawsuit against firearm manufacturers and dealers is again moving forward after being revived for a third time on appeal, this time focusing on potential unlawful conduct.

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COA to hear wrongful death appeal at Indy community center

Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.

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