On rehearing, panel rejects double-jeopardy meth conviction claim
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
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Accused molester denied chance to present complete defense
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
Court rules against Menard on roofing company’s lawsuit for payment
The Indiana Court of Appeals ordered summary judgment entered in favor of a roofing services company on claims of breach of contract against Menard Inc., finding Menard was unable to establish a dispute of material fact as to its right to withhold payment.
Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
Judges disagree on when duty to exercise ordinary care extends to beneficiaries
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
Ex-wife not entitled to half of pension earned after divorce
The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.
7th Circuit affirms above-guidelines sentence for embezzlement
A man’s 60-month sentence for stealing from his employer for many years – a sentence beyond the advisory guidelines range – is reasonable, the 7th Circuit Court of Appeals ruled Friday. The man challenged the District Court’s recalculation of his guidelines range after he appealed his sentence.
Teacher’s suggestive messages to student were ‘immoral’ but not a crime, COA rules
Although the Indiana Court of Appeals found a high school teacher’s behavior toward a 16-year-old female student to be “deplorable and immoral,” it overturned his convictions because his actions were not criminal under statute.
COA reverses contempt finding, but upholds sanctions
A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.
Divided COA: Statement on record unneeded to waive jury trial
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
COA clears way for negligence complaint against medical device company
A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.
Jury should hear discrimination suit filed by fired ‘salesman of the year’
The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.
Mother unable to show error in terminating her parental rights
A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.
COA still finds supervised visitation argument moot
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
COA affirms parental termination in child’s best interest
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
Owners of spooked horse entitled to summary judgment in negligence suit
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
Having the ingredients is not proof of a man’s intention to cook
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
Warrick County man’s land correctly classified as residential excess acreage
A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
Participation in travel soccer league supports modifying custody
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
Sub shop’s appeal 86’d by court
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.