Articles

COA: 25-year delay doesn’t make motion for relief untimely

Despite a 25-year delay between an original summary judgment ruling and the subsequent grant of a motion for relief from that judgment, the Indiana Court of Appeals has upheld a trial court’s finding that the 2015 motion for relief from the 1990 judgment was not untimely.

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JNC files report on COA finalists to Holcomb

Indiana Gov. Eric Holcomb now has 60 days to select Indiana’s next Court of Appeals judge after the Indiana Judicial Nominating Commission officially submitted the names of its three finalists on Friday.

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COA upholds 6-year stalking sentence for ex’s break-in, threat

A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.

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COA upholds suspension of Gibson County doctor’s license

A Gibson County doctor who violated multiple federal regulations when he impermissibly prescribed prescription narcotics to his girlfriend and other patients has lost his appeal to reinstate his Indiana medical license. The Indiana Court of Appeals found evidence supported his suspension.

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Firm can pursue damages in competitor’s recruitment of workers

An Indianapolis-based civil engineering firm will have the opportunity to defend its demand for liquidated damages from three employees who allegedly violated non-recruitment agreements after the Indiana Court of Appeals reversed summary judgment for the firm’s competitor. The court also upheld the denial of summary judgment to the competitor on two additional claims stemming from its alleged impermissible recruitment of employees.   

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Appellate court orders new trial for car crash victim

A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.

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SEO Pleading the 5th mode (IL Illustration/Brad Turner)

Court order to access smartphone stirs 5th amendment concerns

When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.

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