Articles

Judges disagree on when escape occurs

The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.

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Defendant can’t ‘earn’ sentence modification

The Indiana Court of Appeals vacated a man's robbery sentence because it found the trial court abused its discretion when sentencing him and couldn't legally reduce his sentence as it said it would if he participated in educational and vocational programs while incarcerated.

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Man isn’t entitled to parental privilege defense

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.

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Judges differ on if ‘property damage’ occurred

A majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider, insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as covered by the insurance policies.

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Court: counties responsible for GAL, CASA fees

In a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county and not the state agency that lawmakers gave more oversight power to in the past year.

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BMV policy needed to prevent identity theft

The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today.

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Court split on ineffective trial counsel

A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.

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Judges differ in non-compete agreement case

In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.

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COA: No credit for pretrial home detention

The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

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Court tackles scope of ‘frivolous’

The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.

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Outside accounting ordered in LLC dissolution

The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.

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COA disagrees on damages to bidder

Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.

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COA reiterates confidential-information filing

The Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information, instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a Social Security number.

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COA: Home isn’t allowed in marital estate

Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.

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Order that law firm pay attorney fees reversed

The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.

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Improper venue doesn’t require acquittal

Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.

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