Farmers win reversal in drainage appeal against town
Montgomery County farmers who claimed work done by a town to improve its stormwater drainage ruined their acreage won reversal Monday of a trial court ruling against them.
Indiana Court of Appeals
Articles
Man’s ineffective assistance of counsel claim fails
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
COA admonishes prosecutor’s misconduct, doesn’t reverse conviction
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
Reversal: HHGregg prevails in appeal over managers’ bonuses
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
COA: Buyers had notice property was under lease
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
Wal-Mart shoplifter’s resisting conviction affirmed
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
COA tosses feticide conviction, says statute doesn’t apply to self abortion
The Indiana Legislature did not intend for the state’s feticide statute to apply to pregnant women or illegal abortions, including the one a northern Indiana woman executed by taking drugs ordered from Hong Kong, the Court of Appeals held Friday.
COA upholds mother’s neglect conviction for causing son’s health issues
The Indiana Court of Appeals, acknowledging differing expert testimony in a mother’s neglect of a dependent case, declined to reweigh the evidence and upheld her Class B felony conviction.
Recommendation of plea document passes ‘duck test’
Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.
Judges affirm grant of senior living facility’s arbitration motion
Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.
COA: Woman, not bank, entitled to foreclosure surplus funds
A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.
DCS agrees more caseworkers needed, argues against suit
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
On rehearing, judges find investigator’s photos admissible
The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.
COA: School’s insurance doesn’t cover student who injured teacher
Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.
Website set up for COA judges facing retention vote
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
COA affirms propane company must pay customers’ attorney fees
The Indiana Court of Appeals agreed with a trial court that a propane company is on the hook for two customers’ attorney fees after it failed to deliver prepaid propane gas under an agreement with the couple.
Judges uphold teen’s 40-year sentence for brutal attack on homeowner
A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.
Senior judge faces discipline case for OWI, alleged cover-up bid
Indiana Court of Appeals Senior Judge William Garrard will face judicial discipline proceedings after driving drunk in Mooresville last November, colliding with a car and later asking a policeman at the hospital to forget about it.
Church not entitled to $322,000 on breach of contract claim
A trial court erred when it determined that a church was entitled to $322,000 on its breach of contract claim after its building lessor ordered the church to vacate the premises before the end of its contract, the Indiana Court of Appeals ruled.
Doctor’s criminal charges provide 2 first impression issues
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.