COA: Theft and auto theft adjudications didn’t violate single larceny rule
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
Court opinions
Articles
Detailed settlement agreement not specific enough for son to claim funds
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
Plank failed to preserve claim med mal cap is unconstitutional
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
Borrower entitled to retrial on judgment, COA rules
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
Father owes support to children conceived via artificial insemination
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
Ruling: DOC ‘indifferent’ to mentally ill inmates
The opinion from the U.S. District Court in the Southern District of Indiana fits the national trend against isolation policy for these inmates.
Justices find man not required to register for life as sex offender
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
Judge supports denying rehearing, but disagrees with colleagues’ rationale
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
Evidence supports wife entitled to protective order against husband
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
Settlement without insurer’s consent is at builder’s expense
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
Texas Roadhouse fire suit among 4 justices take
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
SCOTUS to hear Indiana farmer’s case against Monsanto in February
A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.
Judges reinstate battery charges against drunken casino patron
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
Judges ‘disturbed’ by linking of drugs to defendant’s nationality
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
Judge: DOC treatment of mentally ill unconstitutional
A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.
COA reverses conviction after BMV stumbles over address
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
In test of 2012 emancipation law, COA affirms denial of college expenses
A statutory change in the age of emancipation for child support, except for educational support, does not preclude courts from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana Court of Appeals ruled Monday.
Traffic stop based on companion’s statement did not violate constitutional protections
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
Previous back problems not enough to disqualify public employee from disability benefits
Although an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.