Ex-HHGregg manager’s lawsuit grows into class-action
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.
Indiana Court of Appeals
Articles
Woman loses appeal over stillbirth medical malpractice claim
A woman who claimed medical malpractice contributed to a stillborn child failed to persuade the Indiana Court of Appeals that a trial court erred in granting summary judgment in favor of defendants.
Appeals court affirms post-conviction relief not justified for rapist
A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.
Divided COA reverses grandparent visitation order
Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.
No ‘clean hands’ in dispute over muscle car work, COA finds
A dispute over work done on a 1973 Dodge Challenger led the Indiana Court of Appeals Monday to find the car’s owner may challenge a mechanic’s lien that a shop used to auction the car.
Dozing juror should have stayed in deliberations
A juror who gave the lone vote to acquit and eventually refused to deliberate did not meet the criteria for removal, the Indiana Court of Appeals has ruled.
Dissent: ‘No evidence’ tying convicted man to crime scene
While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.
COA tosses injunction issued after alleged workplace threat
An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.
COA affirms termination of parental rights for imprisoned mom
A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.
Ex-business partner might not get damages for unreturned pizza oven
Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.
Judges uphold 40-year sentence in drug deal turned robbery
The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.
Court rules in favor of police department on inmate’s request for records
The inmate who filed a public records request with the Indianapolis Police Department nearly nine years ago lost his case on appeal before the Indiana Court of Appeals Wednesday.
Man had 3 months to bring claim to enforce contract, court rules
A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.
Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)
The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.
State can’t prove teen stole television he owned with his mother
In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.
Judges uphold man’s resisting law enforcement conviction
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
Property conveyed by the entirety includes presumption of right of survivorship
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
Car dealer responsible for buyer’s unauthorized purchases at auction
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
Drunk man who ran into woman rightfully convicted
The Indiana Court of Appeals Tuesday affirmed the public intoxication conviction of a man who showed signs of being drunk and walked into a woman as he left an Indianapolis nightclub, prompting a response from nearby police.
COA vacates murder conviction for ineffective assistance
A woman convicted of a 2006 murder received ineffective assistance of counsel and is entitled to a retrial, the Indiana Court of Appeals ruled Monday, vacating a murder conviction.