Articles

COA allows spoliation claim to proceed

The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.

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COA upholds 12(B)(6) dismissal of complaint against bank

A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.

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COA: Attorney fee records not protected or confidential

An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.

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COA strikes down 57 percent water rate increase

The city of Washington cannot impose a 57 percent rate increase on a local nonprofit water utility after the Indiana Court of Appeals determined Wednesday that increase was not reflected by an actual increase in costs.

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Justices to decide whether dismissed manslaughter trial can proceed

After initially being charged in the shooting death of his wife, John Larkin’s criminal case was thrown out after a trial court judge determined the state failed to bring Larkin to trial within the appropriate timeframe. Plus, the case was rife with state and prosecutorial misconduct, leading the judge to conclude Larkin could no longer receive a fair trial.

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COA partially reverses delinquent adjudication against teen

A teenager who devised a plan to shoot his assistant principal and other students while at school has had one delinquent adjudications reversed after the Indiana Court of Appeals determined the threat the student made against the assistant principal did not meet the statutory definition of intimidation.

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Attorneys: Guidance needed for waiving presence at hearing

Counsel for both parties to a mental health commitment case agreed on one central issue when they argued before the Indiana Supreme Court on Tuesday: attorneys and judges need guidance on when a respondent’s right to be present at their commitment hearing can be waived.

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Theft conviction reversed for man who failed to pay restaurant bill

The Indiana Court of Appeals has reversed a man’s misdemeanor theft conviction after finding the state failed to prove the man went to a restaurant and consumed food and drink with the intention of not paying. However, the court upheld the man's related disorderly conduct conviction.

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Molestation convictions upheld against former stepfather

A Clinton County man convicted of molesting his former stepdaughter has lost his appeal after the Indiana Court of Appeals determined Monday the trial court did not abuse its discretion by excluding evidence that the victim was molested by another man.

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Justices to hear mental health commitment, murder appeals

The rights of respondents to be present at their mental health commitment hearings will be considered this week when the Indiana Supreme Court hears oral arguments in a case in which a man was involuntarily committed for mental health treatment without being present at his hearing.

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COA reverses involuntarily mental health commitment

A woman involuntarily committed to the Evansville State Hospital for mental health treatment must be released after the Indiana Court of Appeals determined Friday there was insufficient evidence to support her commitment.

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Mom who placed child for adoption can’t claim custody 13 years later

A biological mother and father who consented to the adoption of their child cannot 13 years later seek custody. The Indiana Court of Appeals affirmed a trial court ruling to that effect Friday, finding that to rule otherwise would “lead to a patently absurd result in this case and potentially many others.”

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‘So it goes:’ conflicted COA affirms barring estate’s med-mal claim

The estate of a woman who died after she was treated by emergency medical technicians cannot sue the EMTs, the Indiana Court of Appeals affirmed Wednesday. But one judge who joined the decision wrote he was “wholly dissatisfied with this outcome” and believes the decision will encourage “legal gamesmanship” by medical malpractice defendants.

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