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.
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
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.
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.
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
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.
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.
A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
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.
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.
The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.
In a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.