COA: Man’s threat to officers not intimidation
The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.
Indiana Court of Appeals
Articles
HIP payments not negotiated; Stanley not applicable
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
Court orders man’s probation period reduced
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
FSSA incorrectly imposed transfer penalty on Medicaid recipient
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
Farmer with wandering cattle will have to build fence himself
A Starke County farmer who wanted to keep his cattle from roaming onto neighboring farms will have to pay for the entire fence to be built, the Indiana Court of Appeals has ruled.
Temporary tag in rear window gets conviction tossed
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
Split COA orders refund of $12K in foreclosure deficiency payments
A Court of Appeals panel wrote Friday that justice demands an attack on an improper 2009 garnishment order and a refund to a couple that paid $50 a week in deficiency payments after losing their home to foreclosure.
Appeals court rules for teachers on pay issues
Jay Classroom Teachers Association prevailed Friday in an appeal contesting terms of a teachers’ contract adopted as the last best offer from Jay School Corporation.
Lack of evidence leads COA to reverse probation violation
A Franklin County man who was ordered to spend five months in the Department of Correction after an alleged probation violation won a reversal of the trial court order Friday for lack of evidence.
COA leaves arbitrator’s award in place
The Indiana Court of Appeals on Thursday declined Madison County’s request that it correct or vacate an arbitrator’s award in favor of two county highway department employees. The appeals court concluded the county circumvented the collective bargaining agreement when it discharged the two employees.
4 vie for Judicial Nominating Commission position
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
New York conviction doesn’t support Indiana charges
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
Court: Girl should be with mother, not great aunt
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
Court must recalculate attorney fees
A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.
Clause limiting time client can sue attorney violates public policy
The contract a client signed to have the Conour Law Firm represent her contained a clause limiting her ability to sue the firm to one year, which the Indiana Court of Appeals found violated public policy and the Indiana Rules of Professional Conduct. The lawsuit seeking to recover settlement funds stolen by William Conour continues against his former colleague.
Out-of-state move did not relieve sex offender from updating address
The Indiana Court of Appeals rejected a man’s claim that because he had moved out of state when law enforcement officials performed a random check of his home address, he was no longer required to register as a sex offender in Indiana.
LLC denied royalties because of unenforceable contract
A company that sued seeking nearly $750 million in unpaid royalties for sales on medical devices using certain patents lost its appeal before the Indiana Court of Appeals because the contract is unenforceable.
E-filing to begin Monday in Indiana appeals courts
The e-filing pilot project that kicked off in Hamilton County in July will now include the Indiana Supreme Court and Court of Appeals. Chief Justice Loretta Rush signed an order Friday expanding the project to the appellate courts beginning Monday.
COA upholds attempted stalking conviction
A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.
Settlement payments were income, COA rules
A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.