Judges send Medicaid case back for review
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.
Jennifer Nelson
Articles
Judges hold option to buy real estate valid
The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.
Court splits on public intoxication conviction
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.
Judge cautions about filing frivolous suits
A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.
COA: Candidate remains on ballot
The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.
Juvenile’s records not protected by counselor/client privilege
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.
Judges ask Supreme Court to answer lottery law questions
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
Judge rejects former prosecutor spokesman’s plea
A Hamilton County judge has rejected the plea agreement of the former public information officer for Marion County Prosecutor Carl Brizzi.
States’ lawsuit challenging federal health-care law can proceed
The lawsuit filed by 20 states, including Indiana, challenging the constitutionality of the new federal health-care law can go forward on two counts, a Florida federal judge ruled Thursday.
Court reverses indeterminate commitment of juvenile
The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.
Judges define ‘courthouse’ for first time
In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
Judges define ‘courthouse’ for first time
In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
Justices order new trial to determine fault in Ford rollover suit
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
Teen jumps over balcony at Hendricks County courthouse
A teen appearing in court for an initial hearing on a battery charge jumped over a railing at the Hendricks County courthouse this morning, falling 31 feet.
7th Circuit orders lower court to consider a minor participant reduction
The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
Court: stipulation can be in preliminary jury instructions
Even though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession of a firearm by a serious violent felon.
Wrongfully-convicted man sues for withholding evidence
A man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and various police officers involved in his arrest.
Suit filed following inmate’s suicide
A father whose son committed suicide while in a southern Indiana jail has filed a lawsuit against the county and its sheriff.
COA rules on military benefits to former spouses
Ruling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily reduce the benefits awarded to the former spouse in a dissolution decree.
Judge: Girls’ basketball games schedule not discriminatory
A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.