2 cases prompt new real estate law
Indiana court opinions influence new foreclosure statute and amendment.
Court opinions
Articles
Appellate panel affirms trial court in dispute over unpaid land rental
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
Question about residency leads to reversal in insurance case
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
COA reverses conviction based on continuing crime doctrine
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.
Department of Workforce Development scammed out of $2 million
The Indiana Department of Workforce Development announced Wednesday afternoon that it allegedly has been cheated out of $2.4 million in unemployment insurance benefits. Fifteen people have been indicted for allegedly scheming to use fake companies to claim benefits.
COA upholds denial of fugitive’s request to file an appeal
A woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the appeal.
Judges reverse grant of unemployment benefits
The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.
COA split on ability to review case
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
7th Circuit upholds sentence for drug offenses
Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.
Judge leaves attorneys on tax refund appeal
Indiana Tax Court Judge Martha Wentworth has denied the State Department of Revenue’s attempt to disqualify the two attorneys representing a company in a refund dispute.
Mother’s actions support contempt finding
The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.
Judges order possession charge dismissed
Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.
Judges rule on easement dispute
The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.
COA rules in favor of previous shareholders in dispute with new owners
The Benton Circuit Court erred in denying partial summary judgment to the former shareholders of a garden accessories company, the Indiana Court of Appeals held.
Justices accept 1 case, deny 9
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.
7th Circuit rules on sentence reduction
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
Trial court erred in instructing jury in negligence case
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
Evidence doesn’t support enhanced possession charges
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
COA reverses trial court in personal injury case
The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.