Articles

Judges uphold dismissal of suit filed after fall at work

The Indiana Court of Appeals has affirmed the trial court’s dismissal of a couple’s complaint for injuries and loss of consortium for subject matter jurisdiction, finding the woman’s injuries sustained while at her work fall squarely within the Indiana Worker’s Compensation Act.

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COA affirms dismissal of case 18 years after filing

The Indiana Court of Appeals has ruled that a Henry Circuit judge correctly dismissed a union’s complaint about a manufacturing plant closure more than two decades ago, finding that the union failed to prosecute the case for 18 years and that was an adequate basis for dismissal.

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COA remands parental rights case

Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.

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‘Vouching testimony’ not allowed in child sex abuse cases

The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.

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Title dispute leads to appellate reversal

The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.

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Court orders new trial in methamphetamine case

The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.

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Evansville event creates mock trial to educate young attorneys

The Evansville Bar Association will hold “The Anatomy of a Jury Trial” Wednesday in the city’s federal building. The event developed from concerns by Chief Judge Richard L. Young of the Southern District of Indiana that younger attorneys no longer receive trial experience that used to be available.

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Justices: injured cop prevented by law from rejoining force

A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.

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Justices accept 5 cases

The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.

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Rally to bring attention to CASAs

The Indiana Child Advocates Network and the State Office of GAL/CASA of the Division of State Court Administration held a rally at the Indiana Statehouse Monday morning to highlight the need for and the importance of court appointed special advocates.

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COA finds man initiated communication with detective

The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.

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