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.
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.
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.
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.
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.
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.
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
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.
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.
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.
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.
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.
A trial court erred by denying an insurance company’s motion for summary judgment regarding underinsured motorist coverage because a law change in 2005 no longer required it to provide that coverage.
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
The Grant County Area Plan Commission provided enough evidence to support the trial court’s decision to order a home torn down because it is not up to code and is uninhabitable, the Indiana Court of Appeals ruled Wednesday.
A Greensburg father who pleaded guilty to felony dangerous control of a child after his young son accidently shot his future stepbrother lost his claim before the Indiana Court of Appeals that the trial court shouldn’t have considered evidence relating to a dismissed charge.
The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.