Court affirms denial of PCR for drug offender
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
Indiana Court of Appeals
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COA dismisses sex offender’s ‘premature’ appeal
A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.
Judgment for law firm in malpractice case reversed
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
Long Beach seawall dispute goes back to boards
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
Right of first refusal splits Court of Appeals
A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.
COA: Mom cannot show lead cause of boy’s autism
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
COA allows nurse practitioner to testify as expert
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
COA: Suspended attorney’s failure to litigate attributable to client
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
Court affirms weapon, drug convictions after bar incident
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
Failure to sign order sends dog dispute back to court
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
Appeals panel affirms termination of guardianship
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
Appeal: Commercial court, without notice, put worker out of job
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
Legal malpractice arguments focus on whether crime victim lost settlement chance
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
Reversal: Trial court ordered to revisit CHINS petition
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
Appeals court reinstates grant of petition to relocate easement
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
COA affirms convictions in nursing home burglary scheme
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
Law firm entitled to $36k in unpaid legal fees, court rules, but not all it sought
A Vincennes firm scored a partial victory in the Indiana Court of Appeals on Wednesday after the court upheld the award of more than $36,000 in unpaid legal fees for guardianship and estate work. The appeals court remanded the case for reconsideration of other collection costs and prejudgment interest awarded.
COA affirms denial of educational credit time for inmate
The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.
COA reinstates Madison City Council rezoning denial
A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.
COA finds no Brady violation in burglary case
The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.