Justices grant transfer to insurance dispute in fatal trucking accident
The Indiana Supreme denied transfer to nine cases last week but granted transfer in one involving insurance coverage in a fatal trucking accident.
Indiana Court of Appeals
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COA: No 5th Amendment protection for liquidator from order to produce unredacted documents
A liquidating company cannot avoid a court order to produce unredacted documents using the argument that the Fifth Amendment protects them, the Court of Appeals of Indiana ruled Wednesday.
COA upholds probation revocation, rules probationer squandered his opportunity
Holding probation is an “opportunity that can be squandered,” the Indiana Court of Appeals found a Fayette County man suffering from “poor mental health” had no one but himself to blame for the revocation of his probation.
Trial court double counted when awarding damages to auto financier, appellate court finds
The Marion Superior Court erred in calculating damages awarded to a vehicle-financing company but correctly determined an auto seller wasn’t guilty of conversion, the Indiana Court of Appeals has ruled.
COA: Arbitration order not a final judgment up for appeal
In a dispute between neighbors over a dock being built on a shared lake, the Indiana Court of Appeals has dismissed the plaintiff’s appeal.
Conviction reversed after COA finds fundamental error over prior crimes
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
COA: Attorney fees sanction appropriate for discovery violation
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.
Credit time from dismissed sexual battery charges can’t be credited toward separate child molesting sentence, COA rules
The Indiana Court of Appeals affirmed Friday that a Lake County man’s request to put his credit time from a previous charge toward his current child molesting sentence was properly denied.
Apellate court affirms forfeiture of 504 tax sale certificates purchased by ineligible buyer
The Indiana Court of Appeals did not buy a Lake County man’s argument that state statute allows ineligible buyers at tax sales to avoid forfeiture by paying delinquent property taxes, finding the man had time to clear his debt but never did so.
COA: Trial court didn’t err in denying drug dealing sentencing modification
A trial court didn’t err when it summarily denied a drug dealer’s request to modify his sentence, the Indiana Court of Appeals has ruled.
New Albany man asks court to review sentence in wife’s slaying
A southern Indiana man who was sentenced to 65 years in prison last year for killing his wife and dismembering and hiding her body has asked the Indiana Supreme Court to review his sentence.
Indiana Supreme Court to examine reach of med mal statute
The Indiana Supreme Court has granted transfer to a dispute between health care providers, tackling the question of whether the state’s Medical Malpractice Act extends beyond claims brought by injured patients.
Brownsburg man waived right to appeal restitution in plea agreement, COA rules
A Brownsburg man waived his right to appeal a restitution order after he signed a plea agreement leaving all terms of his sentence to the trial court’s discretion, the Indiana Court of Appeals has affirmed.
COA: Grandfather not at fault for dog bite injury on jointly owned property
A grandfather who was in the process of dissolving his marriage wasn’t at fault when his granddaughter was bitten by his future ex-wife’s dog on their jointly owned property, the Indiana Court of Appeals affirmed Wednesday.
Indiana Court Decisions – Oct. 7-20, 2021
Indiana Supreme Court Oct. 7 Civil Tort-Mental Health/Motion to Amend Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., John Schiltz, M.D., Benjamin Coplan, M.D., Joseph Hill, M.D., Erik Fossum, M.D., Bradford Hale, M.D., Christine Tran, M.D., James Blickendorf, M.D., Robert McAllister, M.D., Sara Koerwitz, M.D., […]
Teen convicted in Porter Co. slayings loses appeal of convictions, but sentence reduced for double jeopardy
A teenager convicted of killing two people in a drug deal-turned-robbery has lost his appeal of his murder convictions and 150-plus-year sentence, though that sentence will be slightly reduced after the Indiana Court of Appeals threw out an attempted robbery conviction on double jeopardy grounds.
Indiana Supreme Court told to reverse rulings against Lake County
Indiana counties and probation departments are siding with Lake County in a dispute with the state over who is required to represent and indemnify two probation officers accused of sexual misconduct and retaliation. The dispute will go before the Indiana Supreme Court on petition to transfer next week.
COA: Hearings delayed for good cause in CHINS case
The Marion Superior Court, Juvenile Division had good cause when it delayed a pair of hearings in a recent child in need of services case, and the evidence against a father of two supported the trial court’s conclusion that his kids are CHINS, the Indiana Court of Appeals has ruled.
Transfer petition in adoption case splits Indiana justices
The Indiana Supreme Court’s denial of a petition to transfer a challenge to an adoption that was allowed to proceed without the parents’ consent drew a dissent from two justices who argued that forgoing the biological parents’ permission was “inconsistent with the purpose of the CHINS scheme at large.”
Justices: Menards not at fault for customer’s injury caused by defective box
A home improvement retailer wasn’t at fault when a sink fell out of a defective box and injured a customer inside one if its stores, the Indiana Supreme Court has ruled.