Pulling a switcheroo leads to felony conviction
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
Court opinions
Articles
Insurer owes no duty in dispute between sibling ex-law partners
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
Principal fired for relationship with teacher wins appeal
A Westfield elementary school principal fired in 2011 for a consensual sexual relationship with a teacher he supervised won an appeal of his lawsuit against the school corporation, which had been granted summary judgment by the trial court.
Owner can seek separate claim for property damage coverage
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
COA finds double-jeopardy violations in conviction of former secretary of state
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
Ohio woman’s incriminating statements properly suppressed
An Ohio woman charged with murder and other crimes in Ripley County prevailed in the Indiana Court of Appeals Monday when the judges affirmed the grant of her motion to suppress incriminating statements she gave to police.
‘Second haircut’ nixed by tax court
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
Pro se medical malpractice claim fails without expert testimony
The Indiana Court of Appeals chastised a pro se litigant for supporting his medical malpractice claim with only a “perfunctory and self-serving” affidavit instead of submitting expert testimony.
Justices vacate adoption by stepdad in win for grandparents
The Indiana Supreme Court on Tuesday stripped the adoption of a child by her stepfather, ruling that maternal grandparents who had been primary caregivers early in her life were wrongly denied an opportunity to consent to or contest the adoption.
7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.
Family did not follow statutory remedies before suing bank
A federal court properly dismissed a family’s lawsuit against an Indiana bank and employee alleging they breached a fiduciary duty to a veteran in managing his benefits, the 7th Circuit Court of Appeals held Monday. The family is required to seek review of the fiduciary appointment as outlined under statute.
7th Circuit upholds bank robbery conviction despite errors
Although a federal court in Indianapolis committed some errors in admitting certain evidence at a man’s bank robbery trial, those errors were harmless based on DNA evidence and the defendant matching the robber’s description, the 7th Circuit Court of Appeals held Friday.
Tax Court invalidates contract distinction in administrative regulations
In ruling for a national home improvement chain on whether it had to collect sales tax from customers who used its contractor services, the Indiana Tax Court invalidated a distinction contained in Department of Revenue administrative regulations regarding the type of contract a contractor uses.
COA affirms 100-year sentence for 2 murders
A man with a history of mental illness was unable to convince the Indiana Court of Appeals that his 100-year sentence for his role in the murder of two market employees in Elkhart is inappropriate.
COA cuts down man’s claims grass ordinance unconstitutional
A Bloomington man who opposes treating or cutting his lawn for environmental reasons could not convince the Court of Appeals that a city ordinance is unconstitutional or void for vagueness.
Judges reverse 2 convictions based on double jeopardy violations
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
COA finds woman owes friend $800 more for unauthorized use of his money
The Indiana Court of Appeals affirmed that a woman improperly spent her friend’s money on repairs to a property he conveyed to her but found the trial court miscalculated how much she owes.
Woman committed UPL, forgery in divorce filing
A Marion County woman who forged a name and attorney number on a divorce filing had her criminal convictions upheld Friday by the Indiana Court of Appeals. The woman gave false attorney information because she didn’t want the litigant to have to watch a video about filing pro se.
Fired IDEM employee entitled to unemployment benefits
The Indiana Court of Appeals found a 25-year state employee did not breach a duty reasonably owed to her employer when she failed to meet monthly quotas because she thoroughly reviewed cases instead of quickly approving expenses.
Justices suspend Muncie City Court judge
The Indiana Supreme Court issued an order Thursday suspending Dianna L. Bennington, the Muncie City Court judge who faces 13 counts of misconduct.