COA upholds classification of ‘high-hazard dam’
A Grant County couple must inspect and repair their self-constructed dam after the Indiana Court of Appeals upheld a Department of Natural Resources classification of the dam as “high-hazard.”
Olivia Covington
Articles
COA upholds Kentucky man’s conviction for killing Indiana teen
A Kentucky man convicted in the shooting death of an Indiana teen lost his appeal of his murder conviction after the Indiana Court of Appeals found sufficient, properly obtained evidence to support his conviction.
Supreme Court upholds DOC’s lethal injection protocols
The Indiana Department of Correction can alter its lethal injection protocols without going through a rule-making process because such protocols are internal procedures without the effect of law, the Indiana Supreme Court ruled in a decision affirming the dismissal of a death row inmate’s challenge to Indiana’s lethal injection cocktail.
Senate panel advances bill to narrowly define out-of-state felonies
A bill that would more narrowly define how out-of-state felonies are treated in Indiana sentencing matters passed its first hurdle in the Indiana Senate.
7th Circuit upholds $87,000 verdict against insurer after house fire
An insurance company must pay $87,000 in damages to an Indiana homeowner whose house burned to the ground after the 7th Circuit Court of Appeals determined there was sufficient evidence to support the jury’s damages award.
Sex offender statute to come before Supreme Court
A sex offender convicted in 2010 must make his case to the Indiana Supreme Court as to why a 2015 law should not bar him from attending his son’s school events after the high court granted the state’s petition to transfer the case last week.
7th Circuit affirms dismissal of Mexican complaints against Indiana company
The 7th Circuit Court of Appeals has upheld the dismissal of a Mexican company’s fraud claims against an Indiana-based Fortune 500 company, finding the Mexican entity failed to allege the company, rather than its Mexican subsidiary, committed any wrongs.
COA: Burglary victim met definition of ‘unavailable’ at trial
Multiple felony burglary convictions have been upheld against a Tippecanoe County man after the Indiana Court of Appeals found the trial court did not err in admitting a victim’s video deposition as evidence during trial.
COA upholds denial of motion to set aside paternity
A legal father seeking to set aside paternity of his two non-biological children has lost his appeal to the Indiana Court of Appeals, which found the father failed to meet the legal requirements for paternity rescission.
COA reinstates wrongful death case against road contractors
A wrongful death case against a Carroll County contractor and all but one of its subcontractors will continue after the Indiana Court of Appeals found numerous material questions of fact as to whether the companies owed a duty to a man who died while driving through a construction zone in 2013.
COA upholds transfer of dog-shooting case to Warren County
The Tippecanoe Circuit Court properly surrendered jurisdiction of a dog-shooting case because none of the incidents giving rise to the case, including the shooting, took place in Tippecanoe County, the Indiana Court of Appeals ruled Friday.
COA affirms reversal of juvenile firearm adjudication
The Indiana Court of Appeals has upheld its decision to dismiss a firearm-related adjudication against a juvenile after granting the state’s petition for rehearing to address what the court called a fundamental misunderstanding of its original decision.
Justices consider pre-mortem family settlement agreements
The Indiana Supreme Court must decide whether pre-mortem settlement agreements addressing the division of an estate’s assets are enforceable after hearing oral arguments Thursday in a probate dispute between two siblings.
Fogle’s errant filing: Being mom to teen girls makes judge biased
Disgraced Subway pitchman Jared Fogle has moved for District Judge Tanya Walton Pratt’s recusal from his child pornography case, alleging the fact that she has teenage daughters creates a bias against him. A major problem with his argument: Pratt has no teenage daughters.
Suit from truck driver shot by Merrillville police proceeds
The town of Merrillville and one of its police officers lost their bid for summary judgment on a truck driver’s excessive force claim after a district court judge determined questions of fact exist as to whether the officer was justified in shooting the driver during an altercation.
Summary judgment vacated for prison officers accused of beating prisoner
The 7th Circuit Court of Appeals has vacated summary judgment for two correctional officers accused of attacking a prisoner unprovoked, determining the evidence could support the inference that the prisoner did all he could to exhaust his administrative remedies, yet was prevented from doing so.
COA reverses restitution for public transportation, pain and suffering
An Indiana trial court abused its discretion in ordering a man to pay restitution on the costs a woman incurred for having to take public transportation after he criminally damaged her car and the costs of her pain and suffering, the Indiana Court of Appeals has ruled.
Guatemalan man charged in crash that killed Colts linebacker
State and federal authorities have filed criminal charges against the Guatemalan man illegally living in Indiana who is suspected of driving the vehicle that struck and killed Indiana Colts linebacker Edwin Jackson and his Uber driver on Sunday morning.
Hill joins 10-state amicus brief in defense of police officers
Indiana Attorney General Curtis Hill has joined a 10-state amicus brief in a U.S. Supreme Court case he said could make police officers’ jobs more difficult.
COA upholds dismissal of claim against construction company
The Indiana Court of Appeals has upheld the dismissal of a White County woman’s fraud and damages claim against the construction company that built her home, finding the woman’s claims were barred by the doctrine of res judicata based upon an earlier small claims judgment.