Articles

Public Lawsuit Statute not applicable in Tipton Co. case

The Indiana Public Lawsuit Statute that requires litigants to post bond when bringing a public lawsuit did not apply in a Tipton County case in which a couple was seeking to protect their own private interests, rather than public interests, the Indiana Court of Appeals decided Wednesday.

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Lawsuit against Columbus over crosswalk headed toward trial

Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.

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COA reverses stay of man’s driving suspension

A northern Indiana man whose driving privileges were suspended for a variety of driving-related offenses, including operating while intoxicated, cannot have those suspensions stayed after the Indiana Court of Appeals ruled Tuesday that such a stay is contrary to state law.

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Man entitled to credit for time spent awaiting Indiana trial

The Indiana Court of Appeals has partially affirmed the denial of a man’s request for credit for time he spent incarcerated in Florida and New Hampshire, noting that after he was sentenced in Indiana, the Indiana and foreign sentences were meant to be served concurrently.

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Supreme Court strikes down contentious med-mal ruling

After six years of controversy over the limits, or lack thereof, on what evidence and arguments may be presented to a trial court during a medical malpractice proceeding, the Indiana Supreme Court has denounced a highly disputed medical malpractice case while simultaneously adopting a recent Court of Appeals opinion.

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Appellate court affirms CHINS order

The Indiana Court of Appeals has affirmed a Vanderburgh County children in need of services order after finding the children’s custodian did not make any argument as to why his stipulation to the facts of the CHINS petition should be withdrawn for cause.

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Court lets IPL rate increases stand

An approved rate change for Indianapolis Power & Light customers will stand after the Indiana Court of Appeals rejected the appeal of various advocacy groups on Wednesday.

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COA affirms neglect conviction against man with intellectual disability

The Indiana Court of Appeals affirmed the felony neglect conviction of a Wayne County man with a mild intellectual disability, finding that the state presented sufficient evidence to prove that he knowingly neglected his child leading to the boy’s death, and that the testimony of two medical experts was proper.

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Divided COA reverses CHINS finding

A divided Indiana Court of Appeals has reversed a CHINS determination after finding the Department of Child Services failed to meet its burden of proof, though one judge believed the trial court was acting in the child’s best interests.

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COA sends property zoning dispute back to local BZA

A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.

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COA affirms attempted murder conviction

The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.

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COA: Allowing removal of prosthetic eye not an abuse of discretion

A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.

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