Articles

Appeals panel reverses judgment favoring insurer

A trial court erred in granting summary judgment to an insurance company that argued a driver injured in a car crash could not collect on an underinsured motorist policy because she received payments from other sources in excess of her policy limits.

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Justices find school corporation circumvented public bidding laws

The southern Indiana school corporation that facilitated renovations of its warehouse through an agreement with a local public school endowment organization violated Indiana Public Bidding Laws, the Indiana Supreme Court ruled Thursday. The justices rejected taxpayers’ claims that the process also constituted a violation of the Antitrust Law.

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Company that violated HICA not entitled to attorney fees

Because a company hired to provide water remediation services for a homeowner did not comply with the Indiana Home Improvement Contract Act, it is not entitled to recover attorney fees on its complaint against the homeowner after he didn’t pay the full amount billed.

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Court orders hearing on child’s best interests

The Indiana Court of Appeals has reversed an order giving a father physical custody of his child. The child’s maternal grandparents had assumed guardianship of the child following the death of the child’s mother. 

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Justices clarify jury taint, mistrial standards

Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.

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7th Circuit finds 5-year-old information not ‘stale’

The 7th Circuit Court of Appeals declined a defendant’s request to find the information used to execute a search warrant of his computer for child pornography stale because more time had passed in his case as compared to previous cases ruled on by the Circuit Court.

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Majority reverses teen’s underage drinking adjudication

The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.

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DNA in glove at scene sufficient to uphold burglary conviction

The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.

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Man’s guilty but mentally ill conviction upheld

The Indiana Court of Appeals declined to reweigh the evidence that led to a man being found guilty but mentally ill of murder and battery. Jamal Ahmad Gore argued he should have been found not guilty by reason of insanity.

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Judges deny stepfather’s request to adopt children

A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.

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COA affirms dropped charges for ex-IURC chief Hardy

Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.

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