Articles

COA reduces counts in armed burglary of elderly Franklin couple

A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.

Read More

Man with intellectual disability freed from death sentence

An Arkansas man sentenced to death for murdering a teenage girl in Texas 25 years ago has been granted his petition for habeas corpus after a federal judge determined him to be ineligible for the death penalty due to his intellectual disability. The man will be resentenced in Texas.

Read More

$240K in damages upheld in Golden Corral food poisoning

An award of damages has been upheld for a woman who alleged negligence against a Golden Corral restaurant after she consumed undercooked chicken wings from its buffet that resulted in food poisoning and injuries requiring multiple surgeries.

Read More

COA affirms CHINS adjudication in timeliness argument

The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.

Read More

Citing evidence error, COA remands family farm dispute

The Indiana Court of Appeals reversed and remanded the denial of two siblings’ motion for summary judgment against their brother in a family trust case, finding that the trial court erred by considering evidence that had not been designated.

Read More

Justices reverse, reinstate truck ‘glider kit’ wrongful death case

When does a component-part manufacturer owe no duty, as a matter of law, to install safety features that an injured party alleges are necessary? Indiana Supreme Court justices answered that question Monday, reversing judgment previously entered for a national motor company on a defective design claim after a man was crushed by a semi that had no rearview safety features.

Read More

Judgment affirmed for Anderson attorney in legal malpractice case

Judgment for an Anderson attorney who allegedly failed to act in his client’s post-conviction relief case for nearly seven years after collecting a nearly $25,000 retainer was upheld by the Indiana Court of Appeals. The panel affirmed a trial court ruling that the ex-client’s legal malpractice claim was time-barred.

Read More

Attempted murder convictions upheld in best friend stabbing

Convictions for a man who attempted to murder his best friend have been upheld after the Indiana Court of Appeals found no abuse of discretion in admitting statements under the excited utterance exception, or when it allowed the state to ask the victim leading questions due to his injuries.

Read More

IPAC chief Powell stepping down in October; successor chosen

A new leader has been selected to head the Indiana Prosecuting Attorneys Council as longtime executive director David Powell announced his retirement from the role June 6. Powell has been a leading Statehouse voice advocating on criminal law matters for nearly a decade. Powell Powell, who has led the organization for nearly eight years, will […]

Read More