Appeals panel affirms CHINS adjudication
Two children were properly adjudicated in need of services, the Indiana Court of Appeals concluded in affirming a trial court.
Indiana Court of Appeals
Articles
$1.8M verdict against Walgreen for pharmacist’s data breach stands
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
Counsel’s ‘risky’ trial strategy is not considered ineffective
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
COA reverses sentence based on a ‘suspect enhancement’
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
Court orders termination of spousal maintenance following ex-wife’s remarriage
A woman who remarried and now has substantial income and assets as a result of that marriage is no longer entitled to spousal maintenance, the Indiana Court of Appeals ruled Wednesday.
Teen injured in stage collapse loses challenge of tort liability
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
COA reverses in part judgment for agents on man’s insurance claim lawsuit
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
Appeal remands suit for trial court to determine legal fees
A law firm that represented a company in the sale of a Fishers sign franchise will have its day in court to argue it is entitled to a greater judgment of legal fees than the $11,085.50 a trial court ordered.
Appeals court remands grandparents’ visitation order
Grandparents rightly were awarded visitation with their granddaughter after their daughter died, but the Court of Appeals ruled Tuesday a trial court abused its discretion in establishing the amount of time grandparents could spend with the child.
COA: County Commissioners can’t amend fire district ordinance
Brown County commissioners who created a countywide fire district lost an appeal of a trial court order saying they had no authority to later amend the ordinance that had created the district.
Title conveyance travels winding road but COA finds owner
A fresh batch of legal questions are headed to the Wabash Circuit Court for resolution after the Indiana Court of Appeals found feuding neighbors were not co-owners of a lane that connects to all their properties.
Appeals court affirms cocaine-dealing conviction
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
COA reverses domestic violence determination due to Blakely violation
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
Housing agency, not court, ordered banned woman from properties
The Indiana Court of Appeals rejected a woman’s argument that the court imposed as part of her trespass sentence an order to stay away from any properties owned by the Indianapolis Housing Agency.
Judge dissents on reversal of CHINS adjudication
A father who claimed his due process rights were violated when his daughter was adjudicated as a child in need of services before the conclusion of a fact-finding hearing won his appeal before the Court of Appeals Wednesday. But one judge believed that the trial court correctly found the girl to be a CHINS.
Panel split over whether man needed to be involuntarily committed
A panel of the Indiana Court of Appeals Wednesday was divided over whether sufficient evidence was presented to justify that a mentally ill man was a danger to himself or others and thus needed to be involuntarily committed.
COA affirms neighbor’s notice to court about survey is sufficient
The Indiana Court of Appeals rejected a man’s challenge to the denial of his motion to correct error regarding the introduction of a survey reflecting a property line by his neighbor. The case was the result of a boundary dispute.
Company owed no duty to woman injured by employee after work
The Indiana Court of Appeals affirmed Wednesday that a northwest Indiana steel producer did not owe a duty to a woman injured in a car accident caused by an employee as he drove home from his shift.
Driver’s lack of appellee brief reinstates license revocation
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
COA affirms judgment for seller in voided land deal
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.