Amended statute confuses trial court
A trial court misinterpreted an amended statute regarding power of attorney, the Indiana Court of Appeals ruled in giving a son the ability to look at his mother’s finances.
Indiana Court of Appeals
Articles
Court erred in granting mom relief from dad’s Wyoming order
An Indiana trial court erred when it granted a mother’s request for Trial Rule 60(B) relief from a Wyoming court order that reduced a father’s child support arrearage to zero.
Man convicted in swordfight death loses PCR appeal
A man convicted of killing his great-uncle in a 2009 swordfight that also took the life of his grandmother failed Tuesday in his pro se post-conviction relief appeal.
Expunged criminal records still may show up and might be required in some cases
If you’ve stayed out of trouble for the required number of years, Indiana’s expungement statute will erase your criminal record and give you a clean slate. (Individual results may vary.)
Appeals court hears injured worker’s bid for lost earnings
An attorney for a Mexican man who's seeking lost future earnings for a workplace back injury told the Indiana Court of Appeals on Wednesday that his client should be allowed to pursue those wages at U.S. pay rates instead of rates in his home country.
COA affirms foreclosure of Crown Point property
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
COA finds fired highway worker was at-will employee
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
Amendment to new criminal code foils attempt for sentence modification
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
Trucker’s widow entitled to prejudgment interest, COA decides
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
COA affirms judgment for law firm on malpractice claim
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
COA re-enters molestation conviction, rejects evidence challenge
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
Majority: Expungement applies to civil forfeiture action
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
COA: Doctor had duty to nurse practitioner’s patient who died
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
Court sua sponte reverses 5 convictions
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
COA: Termination hearing did not comply with Open Door Law
The Indiana Court of Appeals reversed summary judgment in favor of a southern Indiana school board after finding its holding of a public meeting at 2:30 a.m. regarding the employment of a teacher violated the Open Door Law.
Split COA finds attorney did not provide adequate counsel
Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.
Court: Disputed model year may void van sale agreement
A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
Indiana’s alcohol laws withstand court challenges
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
House party hosts face heightened liability after recent COA ruling
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
COA on rehearing clarifies where to send payment
The Indiana Court of Appeals Monday rejected arguments that its prior decision regarding a student-loan debt owed to a bankrupt note-holder caused confusion as to who was owed and left the debtor open to the possibility of multiple judgments.