Holiday court closures, bankruptcy court changes
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
Indiana Court of Appeals
Articles
COA orders trial court to award credit for time served
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
Court relies on equitable estoppel determination test
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
COA: Serving notice on an adult’s parents isn’t adequate
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
COA affirms trial courts in truant kindergartner cases
The Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining that referral and attendance records for truant students were admissible at trial under the state’s business records exception.
Court won’t remove trial judge in Simon case
The Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more than $2 billion.
Justices rule on applicable statute of limitations
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
COA finds Army discipline does not exempt defendant from prosecution
The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.
Court rules arbitration provision null and void
Tackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document is no longer available.
Man entitled to new probation revocation hearing
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
COA orders special prosecutor in Camm trial
The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.
Judges uphold juvenile’s adjudication
The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.
Judge: fundamental error rule doesn’t apply to civil cases
An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.
Appellate court finds mother wasn’t in contempt
The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.
Appellate court rules man can challenge med mal cap’s constitutionality
An Indianapolis man will get an evidentiary hearing on whether the state’s $1.25 million cap on medical malpractice awards is unconstitutional.
COA orders new trial in utility theft case
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
Court examines future medical care in workers’ comp case
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
COA allows insurance dispute to proceed
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
Judges affirm employer’s attendance policy is unreasonable
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
COA: enhancement isn’t an ex post facto violation
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.