Judges: Couple lacked standing to challenge road closure
The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into cemetery where their daughter is buried.
Court opinions
Articles
Home improvement contract enforceable
Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
COA affirms judgment for bank in replevin action
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
COA adopts Restatement (Third) of Torts Section 14
The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.
COA rules in favor of DOC employee
The Indiana Court of Appeals has found the trial court should have granted summary judgment to a Department of Correction employee on a man’s claim that he was personally deprived a liberty interest when the DOC refused to remove his name from the sex offender registry.
Appellate judges disagree about dismissal of paternity petition
The Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the ruling now leaves the child with no legally recognized father.
Judges uphold public intox conviction
The Indiana Court of Appeals affirmed a man’s public intoxication conviction, finding police had reasonable suspicion the man was intoxicated, and evidence is sufficient to support the conviction.
COA upholds drug conviction
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
COA affirms judgment in favor of contractor in bid dispute
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.
Judges reduce sentence
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
COA finds court erred in allowing late response to be filed
The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.
Court splits over sentence modification
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
Burglary conviction was impermissible double jeopardy
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
Court upholds finding woman isn’t totally disabled
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
Court rules on child support, parenting time modifications
The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.
Judges: injuries from crash on public road not covered
The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.
Closed-circuit testimony not unconstitutional
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
COA: Independent contractor’s death already compensated
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers’ compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
Justices uphold probation revocation for child support non-payment
A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.