No evidence that missed deadline was result of ineffective attorney
A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.
Indiana Court of Appeals
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Justices pass on Star anonymous online commenter case, reinstate order to identify
The Indiana Supreme Court chose not to further review long-running litigation involving whether The Indianapolis Star must reveal the identity of an online commenter. The decision came one day after justices heard oral arguments.
Summary judgment improper in non-compete clause appeal
A trial court erred in granting summary judgment in favor of a former employer that sought to exercise a non-compete clause in the contract of an airline mechanic who went to work for another company.
Panel affirms molesting conviction, rejects vouching, competency challenges
A man’s conviction of Class A and Class C felony child molesting was affirmed by the Indiana Court of Appeals Monday as judges rejected challenges of the victim’s competency to testify and whether the court allowed vouching testimony by multiple witnesses.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Parental termination remanded over substitute magistrate’s findings
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
Jury rulings stand in U.S. Steel carbon monoxide poisoning case
A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.
COA affirms ruling clearing consulting doctor in death case claiming negligence
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
Appeals court upholds allowing represented defendant to argue pro se
A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Stopped traffic snarls purse snatcher’s getaway scheme
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
Stable owner liable for unemployment tax, appeals court affirms
The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.
Bad check in exchange for loan leads to conviction
A woman who got bail money from a friend by giving him a bad check failed to prove she did not purposely mislead and deceive him.
Court cites 1827 case to affirm mortgage trumps land contract
A bank that issued a mortgage to a person selling a property on a land contract has the right to foreclose on the loan, the Indiana Court of Appeals ruled, citing caselaw nearly 200 years old.
Question over landlord’s actions divide Indiana Court of Appeals
The Indiana Court of Appeals split over what duties a landlord has to re-lease a commercial space when the current tenant is behind on payments.
Child’s best interest includes having father’s surname
A noncustodial father’s active participation in his son’s life convinced the Indiana Court of Appeals that giving the father’s surname to the minor was in the best interest of the child.
Dismissed foreclosure involving merged lender reinstated
A mortgage foreclosure dismissed by a Lake Superior judge was reinstated Thursday by a panel of the Indiana Court of Appeals.
Receipt from mom’s cab ride does not prove son was home alone
A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled.
Workers’ comp not sole remedy against AT&T entity for fall causing injury
A worker injured in a fall when she tripped on snow-covered legs of a construction sign placed near the AT&T building where she worked may proceed with a claim against one of the company’s corporate entities.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.