While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
If the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
One third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions posed by Indiana Lawyer.
The Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the
Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind
turbine.
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
A third of the Indiana Court of Appeals judges face voter retention this year, including two initially appointed within the past three years to fill vacancies on the state’s second highest court. With a month and a half before the filing deadline, one of the applicants says that all five appellate judges submitted their retention […]
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.
A portion of Indiana Code that prohibits a person from owning a switchblade isn't unconstitutional as applied to a defendant and doesn't place a material burden upon the core value of the right to defend herself, the Indiana Court of Appeals ruled today. At issue in April Lacy v. State of Indiana, No. 31A04-0810-CR-571, is […]
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.
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.
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.
The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.