Articles

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.

Read More

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.

Read More

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.

Read More

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.

Read More

COA finds reasonable suspicion despite errant plate check

The Indiana Court of Appeals reversed a motion to suppress evidence when it found that despite a motorist proving a vehicle was properly licensed, the police officer who pulled the driver over during a traffic stop still had a reasonable suspicion to do so.

Read More

Statewide e-filing hitting the homestretch

The advent of electronic filing has changed the way Hoosier attorneys do business. Tasks that once required lawyers and their staffs to sift through Bankers Boxes and drive to courthouses can now be completed with just a few keystrokes. As of the end of 2018, 85 of Indiana’s 92 counties had implemented voluntary e-filing, with many of those counties now requiring attorneys to file at least some documents electronically.

Read More

Suit naming Vaidik, appellate clerk, DOC employees tossed

The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.

Read More

Ruling for insurance producer in licensing case affirmed

A trial court order lifting a regulator’s nonrenewal of an insurance producer’s license stemming from his unauthorized use of funds from his homeowner’s association was affirmed by the Indiana Court of Appeals on Monday. The appellate panel agreed that the man’s actions in this case did not warrant such a severe sanction. Jeffrey A. Schumaker’s […]

Read More

Appeals panel upholds Charlestown water utility sale

A southern Indiana community’s sale of its water utility was affirmed Monday after a challenge by a nonprofit group opposed to the deal. The Indiana Court of Appeals let stand the sale of the City of Charlestown water utility to Greenwood-based Indiana-American Water Company, Inc.

Read More