Articles

Man’s sentence challenge rejected by appellate court

In his third appeal before the Indiana Court of Appeals, a Marion County man’s sentence for rape, criminal deviate conduct and burglary have been affirmed after the appellate court found that a motion to correct sentence was not the appropriate remedy for his claim.

Read More

COA: Dirty pictures allowed by Legislature

Revisiting the question of whether sending sexually explicit photographs to a 16- or 17-year-old is permitted under state law, the Indiana Court of Appeals upheld its earlier ruling by finding the Legislature’s inaction to amend the statute implies dirty pictures are suitable for these teens.

Read More

COA affirms setback distance for Eastern Indiana wind farm

The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.

Read More

COA affirms termination of parental rights

The Indiana Court of Appeals rejected the arguments of a father with a history of domestic violence and other criminal convictions who said evidence was improperly admitted to terminate parental rights to his three daughters.

Read More

COA affirms convictions of man involved in fatal police chase

The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.

Read More

COA affirms summary judgment against Celadon in class action

The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.

Read More

COA: Declaratory judgment, tort actions can arise from same occurrence

A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.

Read More

COA: Police search did not violate state constitution

Indiana police did not violate the state constitution when they searched a woman’s car without a warrant after discovering that the car matched the description from an earlier drug-related tip and police dogs alerted to the presence of drugs in the vehicle, the Indiana Court of Appeals has ruled.

Read More

COA: Bank had no duty to woman injured by drunken driver

An Indiana bank does not owe a duty of care to a woman who was injured by a drunken driver after the bank’s employees helped the driver change his tire without knowing that he had been drinking, the Indiana Court of Appeals found Thursday.

Read More

COA upholds denial of IRA garnishment

The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.

Read More