COA strikes down law limiting depositions of alleged child sex abuse victims
The law enacted in 2020 received widespread support from lawmakers and prosecutors but had been challenged by the defense bar.
Indiana Court of Appeals
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Trial court lacked jurisdiction in Florida dispute between professor, Russian bank
The Indiana Court of Appeals has ruled that a state trial court lacked jurisdiction to rule on a motion to quash in a Florida lawsuit involving an Indiana University professor and a Russian bank allegedly involved in a 2016 political hacking scandal.
Judicial Nominating Commission concludes first round of interviews to succeed Kirsch
The 12 semifinalists, who are proceeding to another round of interviews, shared their judicial philosophies during interviews last week.
Woman gets share of property in ‘tenants in common’ dispute
The court found that a woman is entitled to her equal share of a farm that her former boyfriend purchased a decade ago for the couple to live on.
Former Mounds Mall landowner can’t force parcel owner to sign lease, COA rules
The owner of land where Anderson’s Mounds Mall once stood cannot order the owner of one parcel to agree to a prior lease, the court found.
12 selected as Court of Appeals semifinalists
The Indiana Judicial Nominating Commission will conduct a second round of interviews with the 12. It ultimately will narrow the pool to three finalists and submit those names to Gov. Eric Holcomb for final selection.
COA: liability precedent applies to hospitals and non-hospital medical providers
In a lawsuit over a missed areteriovenous fistula, the Indiana Court of Appeals has ruled the Indiana Supreme Court precedent which holds that a hospital can be held vicariously liable for the negligence of an independent-contractor physician also applies to a non-hospital facility.
JNC kicks off interviews for Kirsch’s successor
The Indiana Judicial Nominating Commission interviewed 11 applicants Thursday for an upcoming vacancy on the Indiana Court of Appeals, kicking off two days of interviews with candidates to succeed Judge James Kirsch.
COA orders for recalculation of father’s increased child support
An out-of-state father partially succeeded in convincing the Indiana Court of Appeals that his income was significantly overvalued when his weekly child support amount was re-calculated at hundreds of dollars more than it was previously.
COA affirms for Duke Energy to raise customers’ rates
The utility successfully defended itself from a lawsuit brought by a group of its customers after the Indiana Utility Regulatory Commission partially granted the electric giant’s petition to raise its base rates.
COA: Res judicata bars Indy condo complex’s appeal of receiver fees
This was the fourth time the Court of Appeals has weighed in on the case, which centers on the Towne & Terrace condo development at East 42nd Street and Post Road.
Indiana Court Decisions – April 22-May 5, 2021
Read Indiana appellate court decisions from the most recent reporting period.
IndyBar Mourns Loss of Past President
The Indianapolis Bar Association is saddened to note the passing of 1990 IndyBar President Don Buttrey. Buttrey passed away on April 24, 2021.
Web Exclusive: COA considering legislation limiting child sex abuse victim depositions
A one-year-old law is before the Indiana Court of Appeals, which is considering whether the Legislature properly placed restrictions on when defense attorneys can take a deposition of a minor child alleged to be a victim of a sex crime.
COA reverses narcotic conviction for insufficient evidence
The Indiana Court of Appeals has vacated a man’s felony conviction for possessing a narcotic, agreeing with both the defendant and the state that the substance found in the man’s possession was not actually a narcotic.
Reversal: Court must hold hearing on neighbor’s protective order request
A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.
Justices reject appeal to make public Indianapolis’ Amazon HQ2 offer
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.
COA rejects challenge to text message evidence, upholds meth dealing conviction
A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.
Insurance covers in wrongful death truck crash, COA rules
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.
Hospital indemnity claim against doctors subject to med-mal act, COA rules
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.