Kissing a sleeping victim doesn’t constitute sexual battery
A victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute, the Indiana Court of Appeals held Wednesday.
Indiana Court of Appeals
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Justices dismiss appeal
The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.
COA to hear arguments at Ivy Tech campuses
The Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery case.
Judge argues state must prove actual endangerment
The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.
COA upholds convictions in Indianapolis Hamilton Ave. murders
The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
Court of Appeals dismisses Bren Simon’s appeal
The Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that removed her as interim trustee of her late husband’s $2 billion estate.
Justices accept ordinance case
The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.
Appellate judges to go to Rochester, Upland for arguments
On Tuesday, two panels of Indiana Court of Appeals judges will travel north to hear arguments.
Court splits on standard used to modify custody
Even though the trial court departed from established statutory procedures by using the “best interests” standard to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
Judges discuss fundamental error, ineffective trial counsel assistance
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
COA: Attorney entitled to lien on former client’s file
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
Judges affirm retroactive application of amendments to blood draw statute
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
Judges to hear sex-offender registration appeal in Franklin
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.
Judges disagree on whether landowners are ‘aggrieved’
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
Court addresses forgery statute on electronic credit card purchases
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
State responsible for costs in relocating Medicaid patients
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
COA: personal injury action should be allowed to proceed
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
Judges divided on calculation of damages after negligence
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
State won’t immediately appeal IBM ‘deliberative processes’ ruling
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.