Grandparents lose second challenge of parental custody
Grandparents who largely were the sole caregivers of a child until about age 3 lost a second custody challenge and bid to regain visitation with the child.
Court opinions
Articles
Whistleblower’s claim ‘sufficiently specific’ to continue with lawsuit
A woman who claims she was fired after she blew the whistle about alleged accounting violations by her boss can move forward with her lawsuit against her former employer.
New trial ordered after expert testimony improperly excluded
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
COA affirms East Chicago judge’s request for more money
An East Chicago City Court judge carried her burden to establish that the $65,000 in requested funds were reasonably necessary, the Court of Appeals held Thursday in affirming the grant of her mandate request. The appellate judges also decided the city court is entitled to appellate fees and expenses.
Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
Justices find detective’s inadmissible hearsay is harmless error
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
Malicious prosecution suit against Kentucky man and his lawyer may proceed
The former employers of a man who sued them for discrimination and later dismissed his claims may proceed with their lawsuit alleging malicious prosecution and other claims against that man and his attorney, the Court of Appeals ruled Wednesday.
COA orders trial court to rule on motion to set aside tax deed
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.
Man’s 76-year sentence for kidnapping driver affirmed
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
Despite jury instruction error, man’s battery conviction upheld
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
COA upholds most of man’s spice convictions
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
Medical Malpractice Act does not apply to third party, COA rules
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
Appeals court remands divorce distribution for IRA recalculation
The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.
Trial court must review treatment plan for mental patient, COA rules
A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.
Divided appeals panel affirms judgment over time-limit objection
A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.
Appeals court affirms contempt over parenting-time violation
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
COA decision in dueling-precedent case affirmed by Supreme Court
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
Divided appeals panel reverses judgment against Thomson
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
Father can’t challenge paternity 15 years after child’s birth
The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.
Judges toss ‘illegible’ federal lawsuits
Federal judges in Indianapolis last week wasted no time tossing two lawsuits from an abusive serial filer whose hand-scrawled complaints couldn’t be deciphered.