Reversal: BMV must report driver’s expunged OWI conviction
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
Indiana Court of Appeals
Articles
6 counties next in line for trial court e-filing
Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.
Justices take intoxicated motorist case that divided COA
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
COA reaffirms reversal of molest convictions for vouching
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
Nonprofit ambulance service not entitled to ITCA protections
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
COA affirms attorney owes ex-assistant thousands in unpaid wages
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
Reversal: Care facility must pay legal fees after $1M negligence verdict
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
COA upholds decision to deny Edinburgh tax deed
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
Appeals court concerned about fee-shifting provisions in domestic relations cases
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
COA: Breath test properly admitted
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
Judge believes restitution order properly entered
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
Monarch Beverage again fails in liquor distribution suit
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
Reversal: Expungement petitioner entitled to hearing when prosecutor objects
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
COA strikes sentence about laughing jurors in footnote
That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.
Fraud claims against insurers wrongly dismissed
Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.
‘Inference of discriminatory motive’ in striking juror not reversible error
The Indiana Court of Appeals noted one of a prosecutor’s reasons for striking a prospective juror in a criminal case “raises an inference of discriminatory motive,” but this was insufficient to reverse a man’s felony resisting law enforcement conviction.
Beer distributor foams at Indiana’s alcohol law
Monarch Beverage launches another effort to upend limits on liquor wholesalers.
Reversal: Host owed duty to guest who died after drinking, fight
The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
Majority: Sex offender registration not ex post facto law
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.