COA affirms court order in trailer ownership and use dispute
A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.
Court opinions
Articles
Sentences imposed on Anderson juveniles in double homicide reduced
Two Anderson youths convicted for their roles in the shooting deaths of a couple they robbed of money and marijuana may someday be freed from prison after the Indiana Supreme Court significantly reduced their sentences Monday.
Prosecutor’s ‘continual misconduct’ warrants new molestation trial
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
Admitting rifle into evidence not abuse of discretion, COA rules
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
COA affirms remand to prior judge over father’s objection
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
COA: Hip-replacement tort cases must be heard where implants were done
Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.
Justifiable reason to stop driver enough to confirm subsequent conviction
Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.
Justices order further proceedings in underinsured motorist coverage case
Because issues of material fact remain regarding the applicable level of underinsured motorist coverage provided by a policy on a semi-tractor trailer, the Indiana Supreme Court reversed summary judgment for the insurance company.
Man kicked out of community corrections for assaulting inmate loses appeal
A community corrections program has the authority to not accept a man after being released from prison because he kicked another inmate in the face while assigned to a community transition program, the Indiana Court of Appeals held Thursday.
Judges affirm expungement of sheriff deputy’s arrest
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
Sisters can’t prove brother unduly influenced mother in crafting estate plan
The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.
Doctor’s statute of limitations defense in med mal claim rejected by justices
A doctor who chose to perform just one biopsy instead of two on a woman who later was diagnosed with cervical cancer is not entitled to summary judgment on his defense asserting the medical malpractice statute of limitations, the Indiana Supreme Court ruled Wednesday.
Justices affirm judgment in favor of national fraternity in wrongful death action
A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.
Court affirms Steuben County couple’s 2006 real property assessment
A Steuben County couple could not convince the Indiana Tax Court to find that the $292,800 land assessment of their residential property in 2006 was too high.
Dairy Queen did not discriminate against blind employee
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a firm that operates Dairy Queens in Indianapolis on a former employee’s claim the employer violated the Americans with Disabilities Act.
Teen must pay for electronic monitoring device through community service
The Indiana Court of Appeals upheld the order by a juvenile court that required a teen who cut off her electronic monitoring device to make restitution for the device through community service.
Judges reverse convictions due to Batson challenge error
A Marion County trial court erred when it overruled a man’s Batson challenge contesting the state’s use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held Wednesday. The appeals court overturned Tyrece Robertson’s convictions and ordered a new trial.
COA orders new hearing due to lack of proof notice was mailed
The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman’s application for unemployment benefits after holding that the Department of Workforce Development didn’t prove that it mailed notice of a hearing to the woman.
Man’s expungement petition properly denied, COA rules
Because a Marion County man admitted to violating the terms of his probation twice, he cannot meet the requirements of the expungement statute, the Indiana Court of Appeals ruled Wednesday, so the trial court properly denied his petition to expunge his conviction.
Judge upholds 2009 tax year exemption
The Indiana Tax Court rejected the Hamilton County assessor’s claim that a for-profit limited liability company created to purchase office space for its nonprofit tissue donation company should not qualify for a charitable purposes exemption for the 2009 tax year.