Attorney fees unwarranted in tax sale appeal
The Indiana Court of Appeals found that despite strictly complying with procedural rules, the flaws in a tax case were not egregious enough to award appellate attorney’s fees.
Court opinions
Articles
CASAs may seek termination of parental rights without DCS
The Indiana Court of Appeals ruled Tuesday that court-appointed special advocates have the statutory authority to prosecute a petition to terminate parental rights, even when the Department of Child Services opposes the termination.
Man convicted of bogus liens on judges loses appeal
A man who used the sovereign citizen tactic of filing phony liens against multiple Indiana federal judges lost his appeal Monday. The 7th Circuit Court of Appeals affirmed Brent A. Swallers' conviction of filing a false lien and encumbrance against a federal judge
Appeal rejected in plot targeting Noblesville lawyer
A woman's appeal of her federal guilty plea in a murder-for-hire case targeting a Noblesville attorney was dismissed by the 7th Circuit Court of Appeals in a case the panel said resembled “the plot of a mediocre novel.”
7th Circuit rejects Indiana immigrant’s appeal of removal orders
Finding arguments in his case “meritless,” the 7th Circuit Court of Appeals denied an Indiana immigrant’s petitions for review of removal orders issued by the Board of Immigration Appeals.
Drug dealer who kidnapped stripper’s siblings loses appeal of life sentence
A Detroit drug dealer who orchestrated the Indianapolis kidnapping of the minor brother and sister of a stripper who stole from him will spend the rest of his life in prison, the 7th Circuit Court of Appeals affirmed Thursday.
COA rules for insurer in 2011 truck crash that killed 3
An insurance company owes no common law or assumed duty to parties injured or killed in a crash caused by a truck driver who knowingly operated a vehicle with faulty brakes, the Indiana Court of Appeals ruled Wednesday.
Lawyer’s ‘series of unfortunate events’ no help in dismissal appeal
A water-damage negligence suit that lacked docketed activity for about two years was rightly dismissed for failure to prosecute, the Indiana Court of Appeals ruled Wednesday.
Gun conviction involving testimony of daughter, 6, affirmed
An Indiana man’s federal conviction of two counts of being a felon in possession of a firearm was affirmed over his challenge of the evidence against him, which included testimony from his 6-year-old daughter.
Bank not liable for more than $500,000 of forged checks
Two companies that were embezzled out of a half-million dollars sued the bank that processed more than 100 forged checks but couldn’t prove negligence to the Indiana Court of Appeals.
Indiana Court Decisions — July 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Coerced victim’s prior statement admissible, COA affirms
A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.
COA rules for DNR after dog killed by raccoon trap at park
A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
Equal distribution method, lack of substantial evidence leads to remand of benefits case
A lack of substantial evidence led the 7th Circuit Court of Appeals to remand a social security case filed by a woman who was denied benefits despite being severely impaired by a brain tumor.
COA: Nearly identical medical malpractice, wrongful death cases filed too late
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
COA: Admitted evidence of prior threats reveals motive for attempted murder
After a man argued that prior threats he made against a man he repeatedly shot at two months later should not have been admitted as evidence, the Indiana Court of Appeals concluded that even if the admission of the threats was error, it would have been harmless.
Indiana Court Decisions — June 21-July 3, 2018
Read Indiana appellate court decisions from the most recent reporting period.
COA: Enhanced sentence not fundamental error
A man who sought a second resentencing after his 2003 murder convictions unsuccessfully argued that he was denied fundamental due process rights 15 years after being sentenced for four counts of murder.
COA: Husband must pay child support with interest
A husband who paid less than $200 of the child support he owed will now have to cover more than the arrearage amount after the Indiana Court of Appeals ruled the wife is also entitled to interest.