Court could find juvenile must register as sex offender
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
Judge Michael P. Barnes
Articles
Judges examine estate case involving will, self-proving clause
Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.
Appellate court divided over trust liability
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
Mother’s rights at issue in COA reversal
The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
Judges split on stalking conviction
The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
Judges disagree on whether landowners are ‘aggrieved’
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
Appellate court affirms arbitration on claims against college
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
Appeal questions ‘enrollment,’ self-supporting standards for emancipation
In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.
Judges address first impression issue on attorney fees
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
COA: Juror bias should have been examined
The Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s impartiality and deciding whether to strike that person from the jury pool.
Judges order new PCR hearing on guilty plea issue
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
COA: Man needed to submit claim under Wage Claims Statute
An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.
Judges uphold OWI conviction
Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.
Court rules on artificial insemination issues
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
Judges split on construction manager’s duty to injured worker
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
Opinion regarding insurance company considers definition of ‘ever’
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.”
Court divides over injury claim under insurance policy
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
Court affirms, denies challenge to DNA evidence, new mid-trial witness
The Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
COA addresses inverse condemnation issues
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
Water company not a political subdivision
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana
Court of Appeals concluded today.