Arguments set in Lake County early-voting case
The Indiana Court of Appeals will hear arguments in the Lake County early-voter registration appeal at 1:30 p.m. EDT Oct. 30 in the Indiana Supreme Court Courtroom, Statehouse Room 317, Indianapolis.
Indiana Court of Appeals
Articles
Riverboat not covered by Jones Act
A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.
COA disagrees on reason to grant appeal
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
Law doesn’t contain presumption on negligence
The Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a suit against a school for the death of a student.
Court: CHINS records aren’t available to media
The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.
ISBA members approve judges up for retention
The five Indiana judges up for retention this November have received overwhelming support from Indiana State Bar Association members. The ISBA poll shows no judge or justice received less than 83 percent of "yes" votes for retention.
Prior conviction counts in sentencing decision
A prior drunk-driving conviction – reached pursuant to a state statute now repealed and recodified in a newer law – can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.
Judges disagree on punitive damages award
The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.
Court remands to recalculate attorneys’ fees
The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.
COA: Award fees for litigation costs
The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.
No partial parental right termination allowed
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
Judges split on sentence reduction
An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.
COA: Let a sex offender stipulate
A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
$1.25 million med mal verdict affirmed
The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression
that will likely impact future medical malpractice suits.
Adult son could file paternity, support petition
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
Amendment trumps high court ruling
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
Mom not in contempt over middle name change
A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.
Termination rash in special needs CHINS case
The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.
Dad not in contempt for failure to pay full support
The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.
15 apply for Court of Appeals opening
Six trial court judges, seven attorneys, one state senator, and the head of the Indiana Prosecuting Attorneys Council are vying for a seat on the state’s second-highest appellate court.