Articles

COA dismisses appeal that gave man ‘second bite at apple’

The Indiana Court of Appeals dismissed a case in which the trial court set aside a previous judgment in order to have a chance to get a new appeal. When doing so, the trial court noted, “hopefully the Court of Appeals wouldn’t frown upon” the judge who did that.

Read More

COA: Bank should be allowed to intervene in foreclosure matter

The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.

Read More

COA: Gas station did not commit spoliation regarding mat

The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.

Read More

Daughter’s cheating negates father’s obligation to pay for college

Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.

Read More

Split COA reverses denial of post-conviction relief

A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.

Read More

Judges affirm denial of child molester’s PCR petition

The Indiana Court of Appeals decided Wednesday that it did have jurisdiction to hear a prisoner’s petition for post-conviction relief that was filed 31 days after the trial court denied him relief. But the man was unsuccessful before the appellate court.

Read More

Appeals court revives inverse condemnation claim

A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.

Read More