Articles

Judge Mathias recognized for civics education

Indiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12 for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level and in the 3rd Congressional District in Northeast Indiana.

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COA divided on dismissal of OWI charges

The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.

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Appellate court to hear arguments in Fishers

The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.

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Court splits on duty owed by independent contractor

An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.

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Social-services recipients entitled to injunctive relief

The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.

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Court orders attorney’s fees following bad faith appeal

The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.

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Judges reverse support modification for lack of jurisdiction

The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”

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COA: Summary judgment wrong in foreclosure suit

A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.

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Judges uphold OWI conviction

The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.

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