Court tosses use of contempt as way to order debt payment
The Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce civil judgment payments violates the Indiana Constitution.
Indiana Court of Appeals
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Court erred in admitting child’s videotaped statement
A trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting convictions.
Judges reverse support modification for lack of jurisdiction
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
Appellate court affirms judgment in coverage dispute
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
Justices take sex offender case
The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.
COA: Summary judgment wrong in foreclosure suit
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.
Judges uphold OWI conviction
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
Chief’s recusal results in split Supreme Court
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
Appellate court finds garage insurance policy doesn’t cover injuries
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
COA reverses ruling in right of contribution case
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
Judges remand securities fraud case on statute-of-limitation issue
The Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities fraud because the charges fall outside the statute of limitation.
Dismissal of delinquency petition doesn’t endanger public
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
Court rejects man’s explanation of ‘briefly’
A man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly” within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house, the Indiana Court of Appeals ruled today.
Despite out-of-court agreement, COA upholds motion to strike
The Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
Court upholds juvenile placement with DOC
The Indiana Court of Appeals upheld placing a juvenile with the Indiana Department of Correction over his objections that there was a less restrictive alternative available.
COA affirms Avon ordinance invalid
The Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.
Plaintiff attorney chosen to serve on judicial commissions
An Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
COA to visit high school for oral arguments
The Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis high school Nov. 16.
COA: State could charge man for leaving scene of fatal accident
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
High court vacates transfer order
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.