Eliminating judges’ mandatory retirement to get hearing
A bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be heard in the Senate Judiciary Committee on Wednesday.
Indiana Court of Appeals
Articles
Ex-wife ordered to return money husband stole from nonprofit
A woman whose ex-husband committed suicide after his scheme to steal money from his employer unraveled must pay back to the company money she received from her husband during and after their marriage, the Indiana Court of Appeals ruled Monday.
Judges uphold sentence, but revise original opinion
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
Fraudulent concealment tolls Wrongful Death Act’s limitations period
The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.
Couple had to get permit before installing septic systems
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
Court reverses grant of custody to grandmother
Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.
Husband’s settlement proceeds should be included in marital pot
The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.
Weinberger owes patient $150k for unnecessary surgery
Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.
Judges affirm 53-year sentence for bank shooting
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
Judges rule on ‘contentious’ child support dispute, again
For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.
COA reverses former principal’s conviction for failing to immediately report student’s alleged rape
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
Student kicked out of IU medical school loses on breach of contract claim
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.
COA reversal of truck forfeiture allows movie fan to drive off into the sunset
In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
Judges’ ruling in email records case defers to public access counselor
A request for the email records of public officials that simply asks for emails to or from officials over a certain period of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
Dropped charges in habitual offender sentence distinguish conflicting rulings
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
COA rules minors must be active participants to meet statute’s definition of ‘child exploitation’
A man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
Teen father not deprived by lack of guardian ad litem in termination judgment
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.
COA rules in favor of grandchildren in will dispute
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
Attempted child molestation conviction does not lead to credit restricted status
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.