Articles

Adoption statute allows for subsequent consents

The statutes governing adoption and public policy don't prohibit the execution of subsequent adoption consents, ruled the Indiana Court of Appeals. In In the matter of the adoption of A.S., D.S., C.S., and J.S., minor children, by next friend M.L.S., No. 49A02-0901-CV-60, M.L.S. appealed the probate court's ruling denying her petition to adopt A.S., D.S., C.S., […]

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COA reverses assisting criminal conviction

The Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and fled to Indiana.

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COA to hear arguments at Indy high school

Indiana's Court of Appeals will hear arguments at an Indianapolis high school Friday in a case determining whether a juvenile committed auto theft, a Class D felony if committed by an adult.

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COA: Park ban violates ex post facto laws

Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.

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Appellate court travels to Vincennes

The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.

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Trial judge’s comments spur COA reversal

Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.

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Opinion examines history of Fireman’s Rule

After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.

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COA: Government vehicle exclusion is void

The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.

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COA splits on cheek-swab requirements

A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.

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eBay suit presents issue of first impression

In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.

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COA: Insurers have no duty to defend Cinergy

The Indiana Court of Appeals ruled today that the insurers of Cinergy, which was bought out by Duke Energy in 2006, have no duty to defend, indemnify, or otherwise provide coverage in connection with Cinergy's alleged liability for violations of the Clean Air Act at certain plants. The dispute over the insurers' obligations has been […]

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Good-faith exception not applicable

An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.

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Appellate court splits on liability of city

The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.

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Bank wrongfully refused to pay cashier’s check

In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.

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Court splits on first impression dissipation case

An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."

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Oral findings allowed in attorney fee case

A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.

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Court clarifies responses under T.R. 56(I)

The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.

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COA reverses rape conviction in cold case

The Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago, but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to support a conviction of a sexual attack against the victim.

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COA reverses denial of prisoner’s petition

The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.

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Case requires balancing act by court

In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.

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