The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
The Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
The Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney fees because of what it found to be possible frivolous or bad faith efforts.
The Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s impartiality and deciding whether to strike that person from the jury pool.
The Indiana Supreme Court released two opinions today regarding the service of protective orders to respondents.
After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.
Nestled on a top shelf in the Indiana Supreme Court’s law library, the book doesn’t stand out, and one might not look at it any differently than the others nearby.
A 30-day suspension without pay begins next week for Marion Superior Traffic Judge William Young.