Articles

Judges affirm decision in familial dispute over insurance funds

When Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.

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Woman’s claim for reformation of deed fails

A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.

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Judges find wired payment timely

Judges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even though the bank did not receive it until the next day.

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COA: Judge’s late recusal not reversible error

An Adams Circuit Court judge who learned that he had previously represented a defendant on trial in his courtroom acted appropriately when he recused himself but denied a mistrial, the Indiana Court of Appeals ruled.

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Prosecutor error insufficient to reverse murder conviction

A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.

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Judges order habitual offender enhancement vacated

A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.

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10 schools to schedule girls’ basketball on Friday, Saturday nights

By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.

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Justices uphold denial of benefits for fired employee

Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”

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Court upholds conviction for theft of water heater

The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.

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