Articles

Ambiguous weight limit statute leads to infraction reversal

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

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Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

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COA reinstates Hammond zoning suit against landlord

The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.

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Daughter’s estate appeal backfires; COA awards fees

The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.

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Child support garnishment included in man’s Medicaid liability, COA says

A man who previously won his argument that the money garnished for his child support should not be included in determining his Medicaid liability was reversed Wednesday, when an appellate panel determined the Indiana Family and Social Services Administration’s interpretation of Medicaid statutes and regulations were reasonable.

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Double habitual offender enhancements upheld

A man with a long history as a traffic violator lost his appeal to dismiss his habitual offender charge after the Indiana Court of Appeals found that current statute gives courts explicit authorization to use the habitual offender enhancement.

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State court suit aims to ban Indiana death penalty

A lawsuit naming Gov. Eric Holcomb filed on behalf of a prisoner on Indiana’s death row urges a state court to issue an injunction halting capital punishment and rule that the state’s ultimate criminal penalty violates the Indiana Constitution.

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