COA: Theft and auto theft adjudications didn’t violate single larceny rule
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
Indiana Court of Appeals
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Detailed settlement agreement not specific enough for son to claim funds
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
Borrower entitled to retrial on judgment, COA rules
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
Father owes support to children conceived via artificial insemination
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
AG asks Supreme Court to review Gingerich conviction
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
Evidence supports wife entitled to protective order against husband
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
Judges reinstate battery charges against drunken casino patron
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
COA reverses conviction after BMV stumbles over address
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
In test of 2012 emancipation law, COA affirms denial of college expenses
A statutory change in the age of emancipation for child support, except for educational support, does not preclude courts from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana Court of Appeals ruled Monday.
Traffic stop based on companion’s statement did not violate constitutional protections
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
Previous back problems not enough to disqualify public employee from disability benefits
Although an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.
2012 Year in Review
2012 was another busy year for the legal community. We welcomed new justices and a new chief justice, witnessed the beginnings of the state’s fifth law school, and saw local stories garner national and international attention. Here’s a look back at the top news stories from last year.
Public-record email case focuses on scope of requests
A dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to disclose public officials’ emails under Indiana public record laws.
Court cites fishy documents in reversing support order
A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.
Vintage Corvette belongs to the last buyer
Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
Duke loses appeal of scandal-touched IURC rate case reversal
The Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state regulators.
Public interest in reducing poverty is grounds for application of doctrine of laches
In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.
Testy divorce remanded for recalculation
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
COA affirms ruling in suit brought after fatal train accident
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.