Couple’s trial strategy worked against them
A couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary rulings lost their case in the Indiana Court of Appeals.
Indiana Court of Appeals
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Inmate’s public records request denied
An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.
Judges order proceedings on guarantors’ liability
The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
Man did not validly waive right to jury trial
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
Nurses may be expert witnesses in some standard of care disputes
The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.
COA finds evidence supporting restitution order too flimsy
A victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
Sentence affirmed for child molestation conviction
An Adams Circuit judge’s sentence of 90 years in prison for a man convicted of molesting two girls ages 7 and 9 and for being a habitual offender was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Appeals court sends dissolution lawsuit back to trial court
The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.
Appeals court partially reverses denial of familial sale from trust
A trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
Trial court erred in abrogating homeowner’s obligation to pay fees to HOA
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
Appeals court affirms molestation conviction
A child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify and that the evidence was insufficient.
Court affirms judgment against home contractor
A home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party that won the judgment, the Indiana Court of Appeals ruled.
Woman unable to prove attorney actions were prejudicial
A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.
Court reverses summary judgment in mixed martial arts TV suit
A dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
Portion of malpractice statute of limitations ruled unconstitutional in some cases
A woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice claims unconstitutional in certain cases.
Court of Appeals orders trial court to re-evaluate child support order
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
Judges affirm drunk-driving conviction
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
MCBA to raise funds for Darden scholarship
The Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
COA upholds domestic battery conviction
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
Trial court erred in finding provision was liquidated damages clause
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.