Articles

Judges split on whether 2 insurers must pay for damage

An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.

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High court takes 4 cases

The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.

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Judges affirm insurer has no duty to defend

The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.

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COA: Admission of prior convictions fundamental error

The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.

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Judges uphold IATC’s issuance of alcohol dealer permits

The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.

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Porter County can’t leave RDA

A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.

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Competitor lacks standing for judicial review

A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.

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Change sought for 3rd murder trial

Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.

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First impression case tackles wetlands issue

In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.

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Defense attorney’s arranged drug buy illegal

The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.

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High court takes 4 cases

The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.

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COA orders a new child support order

The Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.

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Court divided on purchase agreement termination

The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.

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COA: Summons should notify of risk of default judgment

Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.

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