Articles

COA: Dead Man’s Statute precludes testimony

Indiana’s Dead Man’s Statute prohibits the owners of a cattle company from testifying about their dealings with a deceased cattle farmer, the Indiana Court of Appeals has ruled, though one judge questioned whether the Dead Man’s Statute should remain law. As the sole proprietor of Cain Farms, Roger Cain purchased cattle from Kentucky-based Childress Cattle, […]

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COA allows med mal case to continue

A woman with severe back pain will be able to pursue a medical malpractice claim against her orthopedic surgeon after the Indiana Court of Appeals ruled that the clock on the two-year statute of limitations does not start until the patient discovers the malpractice.

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Appellate court upholds neglect convictions

The Indiana Court of Appeals has affirmed a Marion County woman’s convictions for neglect of her boyfriend’s children after finding the woman assumed the care of the children, yet placed them in dangerous situations by exposing them to the making and selling of drugs.

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Supreme Court stays consideration of appeal

After determining a Monroe County appeal that came before the Indiana Court of Appeals was not an appeal of a final judgment, the Indiana Supreme Court has stayed its consideration of the case and remanded for the trial court to decide if it will enter a final appealable judgment.

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COA affirms involuntary commitment

A Marion County man must remain in involuntary mental health commitment after the Indiana Court of Appeals upheld findings that he is gravely disabled and a danger to others.

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COA overturns summary judgment in contract dispute

In the second appeal stemming from a cancelled contract between Lake County and a delinquent tax collector, the Indiana Court of Appeals has reversed a grant of summary judgment in favor of the county based on its precedent from a previous 2015 decision.

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COA throws out handgun, driving with suspended license convictions

After determining an inventory search of a man’s car was actually investigatory in nature, the Indiana Court of Appeals overturned Monday the man’s conviction of possession of a handgun without a license. The court also threw out the man’s conviction of driving with a suspended license for lack of evidence.

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COA hears challenge to Johnson County public defender system

As a statewide task force begins the process of analyzing deficiencies in Indiana’s indigent defense services, a group of Johnson County criminal defendants sought to keep alive a lawsuit against their court-appointed public defenders. The defendants Thursday urged the Indiana Court of Appeals to reinstate their suit alleging ineffective assistance of counsel before their cases have concluded.

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Civil Rights Commission’s $96K discrimination award upheld

The Indiana Court of Appeals has upheld a nearly $100,000 judgment in favor of a black man who claims he was subject to discriminatory practices by his former employer after ruling the Indiana Civil Rights Commission’s finding in favor of the man was not invalid or void.

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Gov. Holcomb files appeal in Bloomington annexation dispute

Gov. Eric Holcomb is turning to the Indiana Court of Appeals after the Monroe Circuit Court denied the governor’s motion to dismiss a lawsuit filed by the city of Bloomington over an annexation dispute. Special Judge Frank Nardi issued a stay Dec. 4 on further court proceedings pending an interlocutory review.

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COA: Charter school suit requires tort claim notice

An Indiana trial court properly granted summary judgment in favor of a charter school organizer under the Indiana Tort Claims Act because an organizer and charter school jointly make up the statutory definition of a “charter school,” the Indiana Court of Appeals ruled Monday. The appellate panel also upheld the constitutionality of classifying a charter school as a “governmental entity.”

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COA: Divorcing husband has no claim on wife’s trust

An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.

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