Appeals court grants rehearing petition for Miranda clarification
A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.
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COA: Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.
COA largely reaffirms ruling against quadriplegic in $35M car crash judgment
A panel of the Indiana Court of Appeals again denied relief to a man left permanently disabled in a drunken-driving crash, but the panel in a brief opinion on rehearing issued Wednesday corrected a prior statement of fact in the case.
Judge allowing lawsuit over Lake Monroe logging to proceed
A judge is allowing a lawsuit to proceed against a property owner over logging activity on his land along southern Indiana’s Lake Monroe. The ruling by a Monroe County judge rejects an effort by property owner Joe Huff to have a lawsuit filed against him by county officials dismissed.
Justices agree to hear extended expungement-wait case
Indiana Supreme Court justices have agreed to hear a case that sharply divided an appellate panel concerning whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for individuals seeking a criminal expungement.
Rehearing: COA improperly applied continuous crime doctrine in rape case
A man’s strangulation conviction associated with a rape conviction in the same case will remain vacated despite an appellate panel’s agreement on rehearing that it improperly applied the continuous crime doctrine to his conviction.
Abortion parental notification law possibly headed for SCOTUS after 7th Circuit denial
The 7th Circuit Court of Appeals will not revisit a prior ruling that upheld an injunction on an Indiana law requiring “mature minors” to notify their parents before they have an abortion, setting the case up for a possible trip to the United States Supreme Court.
Supreme Court reduces interest for IBM in dispute with state
The Indiana Supreme has once again revisited the years-long dispute between the state and IBM Corp., issuing an opinion on rehearing that provides more detail on the post-judgment interest due to IBM.
Despite fact dispute, estate must sue psychiatric center under Med-Mal Act
Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.
Rehearing is little relief for convicted Muncie pain clinic doctor
A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.
Biased juror’s seating reverses post-conviction ruling on rehearing
An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.
COA continues terms of justice center lease in Floyd County
Although the city of New Albany argued holdover tenants should not be given “another bite at the apple,” the Indiana Court of Appeals affirmed its original ruling that continued occupancy of the criminal justice center maintains the terms and conditions of the lease even after the agreement as expired.
Neighbors ask for rehearing on Right to Farm Act dispute
Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.
Court of Appeals won’t rehear Lake Monroe logging case
The Indiana Court of Appeals has declined to rehear a couple’s lawsuit seeking to stop a neighbor’s logging of his property along Lake Monroe.
COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
Justices tweak NIPSCO rate hike denial to allow recovery of cost overruns
Revisiting a decision that limited how utilities can pass the bill for future costs to ratepayers, the Indiana Supreme Court on Tuesday tweaked its earlier opinion to insert language in a modified decision that now will allow utilities to recover project cost overruns in utility rate increases.
Corrected exhibit slipped by COA; ‘disregard’ admonishment
The Indiana Court of Appeals, which issued a stern warning to defendants about misrepresenting their case, acknowledged an amended exhibit had been given to the trial court. While reaffirming its earlier decision, the panel noted that a harshly worded footnote criticizing defense counsel in the personal injury case "is to be disregarded."
Untimely estate petition considered, still rejected by COA
Although the Indiana Court of Appeals found a man’s request that he be permitted to file an amended complaint was untimely, it still addressed the arguments he put forth to support his petition.
COA: ‘Not advisable’ to file simultaneous motions to correct error, notices of appeal
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.
Indiana high court won’t rehear landmark beach rights case
The Indiana Supreme Court has denied rehearing in its landmark ruling that Lake Michigan’s shoreline is open to all and property owners can’t exercise exclusive control of the beach between their homes and the water.