Articles

COA: Bank should be allowed to intervene in foreclosure matter

The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.

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COA: Gas station did not commit spoliation regarding mat

The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.

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Daughter’s cheating negates father’s obligation to pay for college

Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.

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Split COA reverses denial of post-conviction relief

A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.

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Justices affirm denial of Crime Victims Relief Act liability

The Indiana Supreme Court affirmed a trial court’s decision to not impose Crime Victims Relief Act liability on a couple who sold their home knowing it had defects. And although the Indiana Court of Appeals also affirmed, Chief Justice Loretta Rush pointed out the high court has different reasons for leaving the trial court’s judgment in place.

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‘Common sense’ requires ruling in favor of inmate, judge says

The 7th Circuit Court of Appeals reversed judgment in favor of jail officials on an inmate’s complaint that he was denied medical access while in jail. The judges did not agree with the magistrate judge’s decision that Randy Swisher had failed to exhaust his administrative remedies by not filing a written grievance.

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Judges affirm denial of child molester’s PCR petition

The Indiana Court of Appeals decided Wednesday that it did have jurisdiction to hear a prisoner’s petition for post-conviction relief that was filed 31 days after the trial court denied him relief. But the man was unsuccessful before the appellate court.

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Appeals court revives inverse condemnation claim

A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.

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