Judges reinstate woman’s legal malpractice claim
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
Indiana Court of Appeals
Articles
COA: Testimony would have restricted jury’s ability to decide
The Indiana Court of Appeals affirmed a man’s conviction of voluntary manslaughter after it found the trial court did not err in restricting the testimony of an expert witness for the defense.
COA: CVRA damages are distinct from punitive damages
The Indiana Court of Appeals affirmed a damages award pursuant to the Crime Victim Relief Act after the court found in its second hearing of a case that CVRA damages are distinct from common law punitive damages.
Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
Are old convictions still relevant?
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
COA: Tenant does not have obligation to indemnify landlord
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
COA reverses grant of woman’s unemployment benefits
The Indiana Court of Appeals reversed unemployment benefits awarded to a woman after it found she did have notice her job was in jeopardy despite various notes thanking her for her help in office matters she received from her employer.
COA: Seller not liable for undisclosed septic system
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
Murder defendant’s trial attorney ineffective, COA rules
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
Appeals court reverses adoption petition
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
COA: Unreturned warrant doesn’t justify trial delay
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
Appeals court affirms reinstatement of drug sentence
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
COA dismisses appeal of agreed judgment
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
Appeals court affirms town’s annexation ordinance is void
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
COA: Judge’s comments do not require dismissal of charges
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
COA upholds kidnapper’s sex offender status
A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.
Statute of limitations bars rate hike claim
The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.
COA: Notice of sale was mailed within required time period
The Indiana Court of Appeals found notice of a tax sale was mailed 21 days before the sale took place as prescribed by Indiana Code, so it affirmed the denial of a man’s motion to set aside tax deeds on property he used to own.
COA majority finds double jeopardy violations on rehearing
The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.
Court affirms bank entitled to foreclose on mortgage
The Indiana Court of Appeals affirmed the foreclosure on a man’s mortgage after it found a mistake in making the deed for the property did not mean the man did not own it at the time of a modification agreement.