Articles

COA affirms convictions state conceded as double jeopardy

State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.

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Jurists honored for longevity of service

Eight Indiana jurists were honored by Indiana Supreme Court Chief Justice Loretta Rush for 24 years of service on the bench at an annual judicial conference, the court announced Thursday.

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COA reverses finding attorney entitled to malpractice coverage

A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.

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Ruling in favor of doctors in med mal case upheld

The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.

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Inmate loses request for Xbox, other privileges

The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.

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COA affirms attorney fee order

The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.

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COA modifies punitive damages award

The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.

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COA outlines approach to awarding attorney fees in estate challenges

In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.

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Boilerplate language can’t support warrant for blood draw

The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.

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