Justices vacate transfer
The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.
Indiana Court of Appeals
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Judges find man’s sentence violates statute
The Indiana Court of Appeals relied on a case from the state’s highest court to rule on whether a term of imprisonment for the purposes of Indiana Code 35-50-3-1(b) includes both the executed and suspended portions of a sentence.
COA rules on fire department consolidation demotions
The Indiana Court of Appeals issued a decision Wednesday involving the consolidation of the Lawrence Township Fire Department with the Indianapolis Fire Department and how the local township merit commission was able to restructure the firefighter officer positions under an exception in state statute.
Court addresses Barnes retroactivity
The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.
Judges divided over prison term for probation violation
The Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support payments.
COA rules man can challenge med mal act
The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
Court rules on mistaken statutory language
A mistaken statutory provision has led to a reversal of a decision by a trial court judge from Wells County.
Judges interpret left turn traffic statute
Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.
7th Circuit hears Planned Parenthood, JLAP appeals
The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.
State bar honors 2 judges at annual meeting
The Indiana State Bar Association honored two Court of Appeals judges at its annual meeting Oct. 20 in French Lick.
Defendants not negligent in father’s suicide, murder of daughter
A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.
COA upholds $300,000 verdict, addresses ‘patient abandonment’
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
COA: Man wasn’t denied fair trial by judge
The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.
Judges to go to Oakland City for arguments
Indiana Court of Appeals judges Melissa May, Michael Barnes and Terry Crone will hear a convicted murderer’s appeal for post-conviction relief at Oakland City University Oct. 19.
Appellate court reverses summary judgment for insurer
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
Appellate court tackles child support issues
In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.
Judges rule against hospital in fee suit
Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).
COA chief judge receives Antoinette Dakin Leach Award
Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.
COA affirms jury’s rejection of insanity defense
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
COA: Remonstrators didn’t request timely stay of annexation
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.