Two private defense lawyers in Marion County failed to convince the Indiana Court of Appeals that they should be retroactively appointed by the Marion County Public Defender Agency and compensated for their legal work on a case that has an intricate maze of attorney representation over the course of five years.
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability to perform its review of the case.
In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
Dealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded when considering a defendant’s ability to pay restitution.
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
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.
Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.