Judges: early retirement ends unemployment benefits
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
Judge Terry A. Crone
Articles
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.
Judges split on court’s role in garnishments with pro se debtors
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
Court cuts $42.4 million state back pay award
The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.
Court reaffirms 3-step test for in camera review
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
Appellate court vacates murder, dealing convictions
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
Wrongful death statute allows for attorney fees, other costs
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
Attenuation doctrine doesn’t apply under Indiana Constitution
The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.
Judges split in adopted trust-beneficiaries matter
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Defendants entitled to competency hearing in probation revocations
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded
today, addressing the issue for the first time.
3-step test needed to balance rights
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
Town lacked needed consents to annex land
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
Court addresses fine line between traffic stop, arrest
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
COA: Teen didn’t resist law enforcement
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
COA reverses judgment on 1 cross-claim in library appeal
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach
of professional standard of care, the Indiana Court of Appeals ruled today.
Court rules on literacy program, educational credit time
While applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined
that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider
to fit into its definition of “literacy and life skills” programs.
Casino wins compulsive gambling appeal
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
Insurance presents first-impression issue
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
COA rules on parenting time restriction
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.