Medical malpractice complaint moves forward
A man will have his medical malpractice complaint heard after the Indiana Court of Appeals reversed a trial court’s decision to dismiss it.
Court opinions
Articles
Court affirms grandparents’ rights to visitation
The Indiana Court of Appeals affirmed the denial of a motion which would have denied grandparents visitation rights.
Court reinstates father’s rights
The Indiana Supreme Court reinstated a father’s parental rights, determining there was not enough evidence to support termination.
Supreme Court affirms battery charges
The Indiana Supreme Court affirmed battery charges against a man who said the evidence against him was “testimonial hearsay” and violated his federal and state confrontation rights.
7th Circuit reverses, remands motion to suppress evidence
The 7th Circuit Court of Appeals reversed the denial of a motion to suppress evidence after police found heroin in a man’s car and remanded the case to district court because the police had no probable cause to pull over the car in the first place.
Court reverses marijuana, nuisance convictions
The Indiana Court of Appeals reversed a man’s convictions after finding the probable cause affidavit did not contain enough information to support issuing a search warrant.
Majority finds no violation of deceased inmate’s 8th Amendment rights
The 7th Circuit Court of Appeals affirmed summary judgment for a correctional medical services provider in a lawsuit alleging the company violated an inmate’s Eighth Amendment rights against cruel and unusual punishment.
COA affirms intimidation conviction
The Indiana Appeals Court affirmed a Level 6 felony intimidation charge against Demetrius Holloway after Holloway challenged the sufficiency of the evidence supporting his conviction.
Court affirms murder, accessory convictions
The 7th Court of Appeals affirmed charges of first-degree murder and accessory after the fact to the murder against two federal prison inmates after each appealed the sufficiency of the evidence underlying their convictions.
No demand futility in Biglari transactions
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
Judges uphold sentence, find prosecutorial misconduct claim moot
The Indiana Court of Appeals upheld a man’s convictions and sentence for possession of cocaine, resisting law enforcement and misdemeanor possession of marijuana, among other charges.
Logger’s theft convictions stands on appeal
A southern Indiana logger convicted of three counts of theft after he reneged on agreements to equally split proceeds with landowners for timber he harvested from their property lost his appeal Tuesday. The Indiana Court of Appeals rejected his claims he was denied a speedy trial and the evidence was insufficient.
COA upholds jury verdict in fired worker’s complaint
The Indiana Court of Appeals upheld a ruling from Elkhart Superior Court that a man was entitled to $412,680 in compensatory and punitive damages after his employer fired him without cause after he filed a workers’ compensation claim.
Woman loses appeal of request for protective order
The Indiana Court of Appeals has denied the appeal of a woman seeking a protective order against a man who she claims allegedly committed a sex act against her.
Party not aggrieved by vacation of alley by university
The Indiana Court of Appeals upheld the decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property, finding property owners were not aggrieved by the vacation.
Appeals court clarifies home improvement contract ruling
The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.
COA reverses man’s pro se request for change of judge
Because a man failed to file an affidavit concerning why he wanted a change of judge in a code violation case, as required by statute, the Indiana Court of Appeals reversed the grant of his request for a change of judge.
7th Circuit disagrees with ALJ that woman is able to work
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
Hoosier’s quest to reach public road ends at 7th Circuit
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
Inaccurate property description does not render mortgage invalid
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.