Lack of signage causes COA to toss speeding ticket
The Indiana Court of Appeals threw out a man’s speeding ticket issued in Lawrence County after ruling the county did not make motorists aware with signs of the 35 mph speed limit on the road.
Court opinions
Articles
7th Circuit affirms denial of disability benefits
A worker with myriad health complaints failed to persuade the 7th Circuit Court of Appeals to reverse a district court’s decision denying him long-term Social Security disability benefits.
Amended statute confuses trial court
A trial court misinterpreted an amended statute regarding power of attorney, the Indiana Court of Appeals ruled in giving a son the ability to look at his mother’s finances.
Court erred in granting mom relief from dad’s Wyoming order
An Indiana trial court erred when it granted a mother’s request for Trial Rule 60(B) relief from a Wyoming court order that reduced a father’s child support arrearage to zero.
Man convicted in swordfight death loses PCR appeal
A man convicted of killing his great-uncle in a 2009 swordfight that also took the life of his grandmother failed Tuesday in his pro se post-conviction relief appeal.
Employed physician fails to show hospital ‘blemished’ his reputation
A central Indiana radiologist was not deprived of property when Tipton Hospital cancelled his medical privileges and the contract with his professional corporation, according to the 7th Circuit Court of Appeals.
Justices swap woman’s name for initials in protective order case
The Indiana Supreme Court granted a woman’s request Wednesday to redact her full name from a court decision involving a protective order obtained against her.
COA affirms foreclosure of Crown Point property
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
COA finds fired highway worker was at-will employee
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
Amendment to new criminal code foils attempt for sentence modification
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
COA affirms weapon charge after suspicious person call
A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.
Trucker’s widow entitled to prejudgment interest, COA decides
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
COA affirms judgment for law firm on malpractice claim
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
COA re-enters molestation conviction, rejects evidence challenge
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
Court sua sponte reverses 5 convictions
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
Split COA finds attorney did not provide adequate counsel
Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.
Court: Disputed model year may void van sale agreement
A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
Indiana’s alcohol laws withstand court challenges
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
House party hosts face heightened liability after recent COA ruling
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
COA on rehearing clarifies where to send payment
The Indiana Court of Appeals Monday rejected arguments that its prior decision regarding a student-loan debt owed to a bankrupt note-holder caused confusion as to who was owed and left the debtor open to the possibility of multiple judgments.