Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
Jennifer Nelson
Articles
Justices find evidence supports intent to commit theft
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
SCOTUS rules in favor of Indianapolis in sewer dispute
The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
Defendants’ drug sentences ineligible for reduction
The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.
Court rules on inclusion of survivor benefits in child support obligation
The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.
Justices clarify previous decision on Criminal Rule 4(B)
The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.
Woman’s claim fails under modified impact and bystander rules
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
Judges order trial in drunk driving case
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
Pool’s owner did not breach any duty owed to boy
The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.
Judges uphold termination of parental rights
The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”
Judges rule on lease dispute involving hospital
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
Defendant’s fleeing justifies delayed arrest
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
COA split on whether judgment on pleadings was proper
In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.
Nephews’ appeal over estate dispute dismissed
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
Court didn’t err in allowing impeachment testimony
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
Judges uphold murder conviction
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
Court dismisses appeal because order isn’t final
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
Accident not covered under insurance policy
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
No error in finding defendant jointly and severally liable
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
Judges find mortgage company not culpably negligent
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.