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.
Indiana Court of Appeals
Articles
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.
Appeals court reinstates injured motorist’s claim against insurer
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
Appeals court upholds Medicaid fraud charges
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
Snow forces court, office closures
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
Man’s child molesting conviction upheld
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
COA upholds cocaine convictions, sentence
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
Judges affirm criminal recklessness conviction
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
Judges reinstate administrative order to refund excessive title insurance premiums
After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.
COA orders continuation of insurer’s case against tenant
Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.
Justices reinstate 80-year sentence
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
State drops charges against mom whose murder, arson convictions were overturned
The state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new trial this year.
Attempted ‘hybrid’ defense delay didn’t violate speedy trial rule
A criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
The Star asks Supreme Court to review order to name online commenter
The Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous commenter who posted messages on its website that became part of a defamation suit.
Powers collide in utility rate case charged by ethics scandal
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.