Articles

COA: Debt collector not entitled to attorney fees under agreement

A company assigned to collect on a woman’s medical debt cannot also collect attorney fees, the Indiana Court of Appeals ruled Friday. The agreement the woman signed with a medical provider that allows for the collection of attorney fees did not apply to the physician group which assigned her debt to the collections company.

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COA rules against bank in lien dispute

Wells Fargo Bank could not convince the Indiana Court of Appeals to reverse default judgment entered against it in favor of two companies trying to foreclose on mechanic’s liens. The court also had a warning for litigants when filing amended complaints.

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COA split over whether convicted murderer needs new trial

The Indiana Court of Appeals upheld a murder conviction Wednesday after the defendant argued his right to confront witnesses against him was violated. But one judge on the panel agreed with Michael Torres and wrote in his dissent that Torres should have a new trial.

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Mother’s argument crushed by precedent

The Indiana Court of Appeals upheld precedent in finding a mother who made sporadic child support payments over several years did fail to provide assistance for one entire year as outlined in state statute.

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Court upholds man’s conviction for confining wife’s sister

Although a prosecutor made an inappropriate comment during a man’s trial for criminal confinement, that comment had little persuasive effect on the jury, the Indiana Court of Appeals ruled Friday. The judges affirmed Jonathan Stephens’ conviction of Class C felony criminal confinement.

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Court affirms repeat burglar’s sentence

A man who broke into the same property repeatedly and another property at a different time could not persuade an appellate panel that his 24-year sentence was inappropriate because the crimes were from a single episode.

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Father entitled to counsel at contempt hearing

A Marion County man has made a prima facie showing that the trial court erred by denying his request for counsel at a hearing on contempt. Brian Moore’s ex-wife wanted him found in contempt for not paying the full amount of child support.

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COA affirms judgment in coverage dispute between insurance companies

The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.

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