Articles

Summary judgment for Steak ‘n Shake in patron’s shooting reversed

In a case watched closely by both the plaintiffs and defense bar, the Indiana Court of Appeals reversed summary judgment for Steak ‘n Shake after determining the chain owed a duty to a customer at an Indianapolis restaurant who was shot in the face during an escalating conflict with another patron.

Read More

COA remands subrogation claim for fire damages

The Boone Superior Court must reconsider a subrogation claim arising from a fire on leased property after the Indiana Court of Appeals remanded the case for further examination of whether the property owners’ insurer has the right to seek damages from the tenants who caused the fire.

Read More

Divided COA reverses unemployment tax ruling

An Indiana business will not have to pay unemployment insurance taxes on wages paid to an independent contractor after a divided panel of the Indiana Court of Appeals found the contractor was not statutorily considered the business’ “employee.”

Read More

Appellate court remands for amended Abstract of Judgment

An Indiana trial court must enter an amended Abstract of Judgment for an offender recommended for the Indiana Department of Correction’s Purposeful Incarceration program after the Indiana Court of Appeals determined the initial order did not explicitly allow for a sentence modification.

Read More

COA: PCR records can be expunged

The Indiana Court of Appeals has overturned the denial of a man’s request for expungement of his post-conviction relief proceedings after determining the Allen Superior Court erred in finding PCR records are not covered by Indiana’s expungement statutes.

Read More

COA upholds 2016 murder conviction

A man convicted in the 2016 murder of his ex-girlfriend’s husband has lost his appeal before the Indiana Court of Appeals, which found the trial court did not err in excluding proffered evidence the man sought to admit supporting his self-defense claim.

Read More

COA limits credit restrictions for some child molesters

The Indiana Court of Appeals ruled Wednesday that defendants who plead guilty to lower-level felony counts of child molesting are not subject to good-time credit restrictions, even if they do not dispute allegations of molestation that would subject them to loss of credit time.

Read More

Sentence for ‘recidivist drunk driver’ affirmed

A southern Indiana man’s five-and-a-half-year sentence for his conviction as a habitual vehicular substance offender was affirmed by the Indiana Court of Appeals, which called him “a recidivist drunk driver whose behavior has been undeterred by his prior contacts with the criminal justice system.”

Read More