COA: Signatures do not have to take a specific form
A man who drove too fast and was given an electronic speeding ticket failed to convince the Indiana Court of Appeals that all signatures are not the same.
Court opinions
Articles
Questions exist as to whether Clarksville home violates neighborhood covenants
Summary judgment was prematurely granted to a Clarksville homeowner sued by his neighbors for allegedly violating the neighborhood’s restrictive covenants, the Indiana Court of Appeals ruled Tuesday.
COA: Parties stipulation shows easement is necessary
In a dispute between neighbors, the Indiana Court of Appeals affirmed a private property owner had to allow part of his land to be used to give access to a tract of land owned by a business.
7th Circuit: Title VII includes sexual orientation
The 7th Circuit Court of Appeals made history when it ruled in early April that Title VII does prohibit discrimination based on sexual orientation. But whether that opinion becomes the inspiration for other circuits to make similar findings has yet to be seen.
US Supreme Court rejects bid by detained asylum seekers
The Supreme Court of the United States has rejected an appeal from detained immigrant mothers and their children who claim they will be persecuted if they are returned to their Latin American homelands.
New Castle Schools negligence case headed to trial
The Indiana Court of Appeals has reversed summary judgment in case stemming from an altercation in a New Castle career program, finding that genuine issues of material fact remain as to whether the school was negligent.
Appellate court affirms teenager’s delinquency adjudication
The Marion Superior Court properly adjudicated an Indianapolis teenager as a delinquent on theft and trespassing charges, the Indiana Court of Appeals decided Thursday, holding the court’s true findings were supported by sufficient evidence.
COA reverses child support modification despite untimely appeal
Despite a father’s untimely filing of an appeal, the Indiana Court of Appeals decided to reverse a child custody modification order, finding there was an “extraordinarily compelling reason” to consider the father’s case on its merits.
Appellate court affirms dismissal of protective order against mother
The Indiana Court of Appeals has affirmed the dismissal of a grandmother’s petition for a protective order on behalf of her grandson and the subsequent ex parte order, holding the grandmother lacked legal standing to file the petition on his behalf.
COA affirms dismissal of armed burglary charge
A Huntington County woman who stole a gun as part of a plan to trade the gun for drugs will not be charged with armed burglary because the gun was not used to “arm” the woman during her crime, the Indiana Court of Appeals ruled Wednesday.
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.
Tax Court affirms assessments of lakefront property
The Indiana Tax Court has affirmed two property assessments for a lakefront property in northern Indiana, finding that the property owner failed to meet her burden of proof to discredit the county’s assessments.
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.
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.
Appellate court dismisses juvenile’s appeal of DOC commitment
The Indiana Court of Appeals has dismissed a teenager’s appeal of his commitment to the Indiana Department of Correction, finding that because the teenager has already been released, his appeal is moot.
7th Circuit rules in favor of police officer in 4th Amendment lawsuit
The 7th Circuit Court of Appeals has reversed the denial of summary judgment to a Highland police officer, finding his decision to keep a man in handcuffs while he was investigated as part of a road rage incident did not violate the Fourth Amendment.
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.
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.
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.
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.