COA: attorney fees and litigation costs allowed in child’s wrongful death
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
Indiana Court of Appeals
Articles
Split COA affirms northern Indiana utility rate increase
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
Treble damages upheld in stepmother’s conversion of safe deposit box funds
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
Court must revisit issue of prospective juror’s demeanor in Batson challenge
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
High court strikes down extension of community caretaking role to non-vehicle searches
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed.
COA: County entities did not owe duty under foreseeability analysis
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
COA: Chiropractors not qualified to render opinions on ‘complex’ causation issues
A medical malpractice case against a Franklin County chiropractor must proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.
COA reaffirms legal malpractice suit may proceed
After granting rehearing to clarify the difference between the instant legal malpractice case and previous malpractice caselaw, the Indiana Court of Appeals on Tuesday reaffirmed its previous decision to deny summary judgment to a northern Indiana law firm.
COA rules against contractor hurt on IU jobsite
A construction manager and product manufacturer did not have a duty to a construction contractor injured on an Indiana University jobsite in October 2012, the Indiana Court of Appeals ruled Tuesday.
Court affirms division of marital estate in divorce
A trial court’s division of a marital estate that was challenged by both the husband and wife was affirmed Tuesday by the Indiana Court of Appeals.
Desire for second boat lift not enough to override prior orders
The Indiana Court of Appeals swatted away an appeal of a dispute between pier owners, finding previous trial court orders resulting from more than 26 years of litigation over access to a lake clearly stated when a pier’s location can be changed.
Conviction upheld for man who berated ex after protective order
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
COA again rejects Evansville’s gun-in-park suit appeal
A man who sued the city of Evansville after he was forced to leave a park after police spotted him carrying a firearm may proceed with a lawsuit seeking damages and treble attorney fees under a statute that bars municipalities from regulating firearms.
Experts say Court of Appeals ruling leaves death penalty in limbo
Legal experts from Indiana’s law schools said the decision casts uncertainty on the death penalty going forward, though they said by no means is the court’s ruling a moratorium on future executions.
Tax sale purchasers lose as COA tangles over statutory interpretation
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
COA: Lack of allocution notice demands resentencing
A divided Indiana Court of Appeals remanded a man’s sentencing because a judge failed to directly offer him a chance to speak before sentencing him, instead asking the man’s counsel, who said his client did not wish to speak.
COA: Man’s actions waived right to speedy trial
An Indiana man convicted of multiple felony drug charges lost his appeal of his lack of a speedy trial because his actions, including his failure to object to a later trial date, waived his right to such a trial, the Indiana Court of Appeals ruled Friday.
COA affirms dismissal of manslaughter charges after police, prosecutorial misconduct
A northern Indiana man charged in connection with the shooting death of his wife will not be tried after a divided Indiana Court of Appeals ruled Wednesday that actions by state officials intentionally meant to hurt the man’s defense would make it impossible for the man to receive a fair trial.
Judgment against ex-state lawyer vacated in long-running puppy mill case
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
COA: Indiana death penalty protocol ‘void’
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.