An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.
Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.
A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”
A divided Indiana Court of Appeals panel cut a child molester’s sentence in half after it concluded that the length of his sentence was inappropriate due to his dementia and incompetence, among other things.
More than 50 cases were denied transfer last week, but Indiana Supreme Court justices agreed to hear arguments in two cases involving a teen’s murder and a reversed denial to terminate a mother’s parental rights.
An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.
An Indiana Court of Appeals panel was asked to consider whether a reporter’s use of the word “incompetent” to describe a former Elkhart teacher’s termination was defamatory language – and ultimately whether a newspaper had the right to publish a story using the contested word.
A woman arguing interest should accrue on marital asset payments from her former husband failed to sway an appellate panel, which concluded the trial court was not required to include interest when reducing an equalization payment to a judgment.
The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.
The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.
The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.
A man convicted of unlawful possession of a firearm by a serious violent felon after he allegedly tossed a pistol from his car during a police stop failed to convince the Indiana Court of Appeals that the evidence against him was insufficient.
The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.
The Indiana Court of Appeals affirmed a grant of summary judgment to a South Bend hospital after it upheld that res ipsa loquitur did not apply to facts in a hip-replacement related negligence claim.
A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.
A man twice convicted of attempted murder has failed to convince the Indiana Court of Appeals to again reverse and remand his conviction after filing three appellate challenges to his conviction within two years.
The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.
The Indiana Court of Appeals has reaffirmed a March decision that overturned summary judgment for a national motor company after granting a petition for rehearing to address the allegedly common practice of parties simultaneously filing motions to correct error and notices of appeal.
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.