COA wishing Vaidik ‘full and speedy recovery’
Indiana Court of Appeals Chief Judge Cale Bradford issued a statement Friday, saying he spoke with his colleague Nancy Vaidik and the entire appellate court is keeping good thoughts for her recovery.
Judge Nancy H. Vaidik
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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.
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Female judges encourage women to seek out the bench, become ‘seed planters’
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
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Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
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Articles
Vaidik recovering from injuries after accident
Indiana Court of Appeals Judge Nancy Vaidik is “steadily improving” after being hit by a falling tree branch while bicycling near the Indiana Dunes State Park on Sunday morning.
COA Judge Vaidik in stable condition after ‘serious’ weekend injury
Indiana Court of Appeals Judge Nancy Vaidik is in stable condition after being “seriously injured” on Sunday.
Shelbyville man’s corrupt business influence conviction divides COA panel
Indiana Court of Appeals judges split in a decision regarding low-level drug offenses after a Shelbyville man selling meth to someone undercover was convicted of corrupt business influence.
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.
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.
Foreclosure case remanded over statutory violation
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
COA rejects due process complaints, affirms probation revocation
A man claiming due process violations in the revocation of his probation will continue to serve his suspended sentence in prison after the Indiana Court of Appeals rejected his appeal.
Divided COA flushes attorney fees, equipment costs in sewer judgment
Northern Indiana property owners were relieved of the bulk of a court order requiring them to pay more than $48,000 to connect to a sewer system, including a ruling on appeal voiding an award of more than $20,000 in attorney fees to the sewer district.
COA majority holds Clark Co. REMC breached insurance contract, but dissent finds ‘logical fallacy’
A local utility breached its contract with its former directors when it revoked their health insurance coverage, a majority of the Indiana Court of Appeals has ruled. A dissenting judge, however, found that the majority engaged in a “logical fallacy” in holding that the utility was obligated to continue providing coverage to the plaintiffs.
Justices: Juvenile convicted of attempted murder failed to show parent ‘essential’
When juvenile defendants are tried in adult court, parents who are also witnesses may be excluded from witness-separation orders if their children establish them as “essential” to the presentation of evidence, the Indiana Supreme Court has ruled. However, applying that holding to the facts of the case before them, justices concluded an Elkhart County teen failed to establish his mom was “essential” to his attempted murder defense.
COA slashes 18-year DOC sentence, orders treatment for drug offender
A man sentenced to 18 years after being convicted in a drug sting operation will only serve four of those years in prison, the Indiana Court of Appeals has ruled, reversing a sentencing order that did not allow for probation or substance abuse treatment.
Father must consent to stepfather’s adoption of children, appellate court rules
The adoption of two children by their stepfather after their mother died cannot proceed without their father’s consent, the Indiana Court of Appeals ruled Thursday, reversing a trial court order.
Parents’ gender-marker change requests for transgender kids splits COA
Two Indiana trial courts must reconsider parents’ requests to change their children’s birth certificate gender markers, a majority of the Indiana Court of Appeals ruled Wednesday, finding parents have statutory authority to request the changes for their minor transgender children. A dissenting judge, however, opined that Wednesday’s decision was a judicial overreach into legislative powers.
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
COA rules against gun range owners despite officials’ failure to take oaths
Though certain Jefferson County officials failed to take their oaths of office, that failure does not invalidate the officials’ zoning complaint against a local couple, the Indiana Court of Appeals has ruled.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
Split COA reverses post-conviction denial in teen murder case
A split Indiana Court of Appeals has reversed the denial of a teenager’s petition for post-conviction relief of his murder conviction, finding his attorneys performed deficiently in a 2017 trial related to the fatal shooting of a South Bend toddler.
COA upholds gang-related sentence enhancement
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.