Language of trust overrides statutes, COA rules
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
Indiana Court of Appeals
Articles
Denomination loses appeal in favor of breakaway church
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
Conviction for hit-and-run fatality affirmed
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
COA rules contract with missing elements is still valid
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
COA reverses judgment for driver in fatality, rules for moped rider’s dad
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
Agency record required for judicial review of agency action
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
COA upholds order man pay ex-wife’s appellate attorney fees
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
School police justified in searching student’s backpack, COA holds
The search by school police of a student’s backpack was justified based on a teacher’s suspicion that the backpack may have contained drugs or weapons, the Indiana Court of Appeals ruled Thursday. The officer’s search turned up a gun.
Law firm disqualified based on attorney’s previous representation of doctor
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
Judge urges high court to look at counsel assistance during state psychiatric exam
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
Appeals court upholds burglary conviction but sends matter back to trial court
The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.
COA: Judge should dismiss habeas petition
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
Oral argument set for ex-Indiana elections chief
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.
Mill not entitled to prejudgment interest on breach of contract claim
The Indiana Court of Appeals upheld a $36 million award to an East Chicago mill after a braking system failure led to the spillage of molten iron within the shop. But the judges reversed the grant of more than $3 million in prejudgment interest.
COA: Standard of care same for all doctors
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
Doctrine of continuing wrong not applicable to man’s malpractice claim
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
AG asks court to appoint attorney as receiver of INCASA
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
Residents not entitled to refund for alleged Barrett Law violations
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
Judges uphold denial of motion to suppress on rehearing
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.