COA: Defendants have right to counsel before drug recognition exam
A woman had her conviction overturned after the Indiana Court of Appeals ruled she should have been allowed to consult an attorney before undergoing a drug recognition exam.
Indiana Court of Appeals
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COA affirms dismissal of Johnson County public defender suit
A case challenging the constitutionality of Johnson County’s contract-based public defender system will not proceed after the Indiana Court of Appeals on Friday upheld the dismissal of the case against several Johnson County judges, attorneys and commissioners.
COA upholds bar’s partial liability for hit-and-run
The Indiana Court of Appeals on Friday affirmed judgments of liability against a Lake County bar accused of overserving a patron who drove a vehicle that struck another departing customer.
COA lets claims of man who lost eye proceed against toolmaker
A man who lost an eye after a cut-off disc on a pneumatic grinder he was using disintegrated and struck him in the face may proceed with his claims against the toolmaker, the Indiana Court of Appeals ruled.
COA affirms defamation verdict but tosses punitive damages
The Indiana Court of Appeals deconstructed a tangle of lawsuits erupting over allegations of theft of more than $1 million from a home building company and ruled that although the accused was found to have breached his fiduciary duty and wrongly taken money, he was still defamed by his accuser.
COA sends I-69 property-taking dispute to damages trial
A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.
COA rejects murderer’s ineffective counsel arguments
The Indiana Court of Appeals has upheld the denial of a murderer’s post-conviction relief petition, finding neither his trial nor his appellate counsel provided ineffective assistance.
Babysitter’s serious neglect convictions, sentence affirmed
A babysitter convicted of inflicting a life-threatening head injury on an infant in her care lost her appeal of her felony convictions and sentence after the Indiana Court of Appeals determined neither court error nor insufficient evidence warranted reversal.
Dog-bite case to proceed after COA reverses judgment for owners
A Brownsburg dog-bite case must proceed to trial after the Indiana Court of Appeals ruled Wednesday there were genuine issues of material fact as to whether the dog owners breached their duty to the man who was attacked and, thus, reversed summary judgment.
Court considering charges in 1980 police officer death
A state appeals court is considering whether to throw out the case against a northwestern Indiana man facing murder and other charges in connection with the 1980 shooting death of a police officer killed while working a private security job.
In 2017, IL readers most followed these links
Breaking news and online updates of major legal stories were the most-read articles on TheIndianaLawyer.com in 2017, according to an analysis of pageviews. Here are the IL’s Top 20 most-read online stories of the past year.
Top 10 legal stories of 2017 focus on law schools, court changes
The closing of 4-year-old Indiana Tech Law School in Fort Wayne, and the revelation that 138-year-old Valparaiso University Law School faced an uncertain future, made law school troubles the top legal news story of 2017, as determined by the staff of Indiana Lawyer. Changes on the federal and state bench also were among the year’s top stories.
Indiana Court Decisions – Dec. 6-18, 2017
Read Indiana appellate court decisions from the latest reporting period.
COA: Traffic stop that led to arrest not a constitutional violation
Though an Indiana trial court erred in admitting a defendant’s statements about prior drug activity, the Indiana Court of Appeals has upheld the defendant’s current dealing conviction after finding the officers who arrested him did not violate his Fourth Amendment rights.
Supreme Court raises minimum senior judge days to 15
The Indiana Supreme Court is increasing the minimum number of senior judge service days available to the state’s courts as a means of enabling courts to provide timely justice to litigants.
COA: Officer’s failure to take oath doesn’t nullify charges
A northern Indiana police officer’s stop and subsequent arrest of an impaired driver was valid even though the policeman had not taken his oath of office, the Indiana Court of Appeals ruled Friday.
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.
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.
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.
Divided COA rules officers’ search violated Indiana constitution
A divided Indiana Court of Appeals has thrown out a man’s drug and firearm convictions after determining the officers who discovered the evidence violated the Indiana Constitution by maneuvering around a locked gate to locate the evidence.