Attorney fees not recoverable under adult wrongful death statute
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
Indiana Court of Appeals
Articles
State, federal double-jeopardy challenge fails
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.
COA reverses juvenile’s exploitation adjudication
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
3-step test needed to balance rights
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
Town lacked needed consents to annex land
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
COA: insurer received actual notice from clients
The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.
Title company didn’t have authority to close real estate deal
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.
Court rules on first impression ‘alibi’ witness issue
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
Court addresses fine line between traffic stop, arrest
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
Man gets new trial because of ineffective counsel
Based on ineffective assistance of counsel, the Indiana Court of Appeals today reversed on direct appeal a man’s domestic
battery conviction and remanded the case for a new trial.
COA: Teen didn’t resist law enforcement
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
Use of wrong statute requires reversal of dealing conviction
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed
the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
Canine sniff case gets second look, same ruling
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.
Court affirms felony nonsupport of a dependent conviction
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.
District judge asks court to answer certified question
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified
question in litigation involving the Indiana Products Liability Act.
1-year limit toll not extended by appeal
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.
COA finds fundamental error in juvenile case, again
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s
right to counsel at her detention hearing.
Booking card exception to hearsay rule
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to
the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
Water company not a political subdivision
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana
Court of Appeals concluded today.
COA balances free speech vs. minor’s privacy rights
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political
speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.