Rush to give 2019 State of the Judiciary next week
Indiana Chief Justice Loretta Rush announced she will present the 2019 State of the Judiciary next week to Gov. Eric Holcomb and a joint session of the Indiana General Assembly.
Indiana Court of Appeals
Articles
Indiana Court Decisions — Dec. 19, 2018-Jan. 2, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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.
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.
No malicious intent found in prosecution of debt suit
The Indiana Court of Appeals affirmed summary judgment for a heavy equipment company when it found there was no malicious prosecution of an Indiana quarry and its owner over a debt.
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 […]
Probation sanction affirmed on ‘unduly harsh’ appeal
A man’s argument that the execution of a suspended sentence for a crime he committed while on probation was an unduly harsh sanction failed before the Indiana Court of Appeals.
COA overturns felony murder charge in overdose death
A man who provided drugs that ultimately resulted in a woman’s overdose death will not face a felony murder charge after the Indiana Court of Appeals found precedent did not stretch far enough to include his actions.
COA rules for providers on malpractice, negligence claims
The Indiana Court of Appeals ruled in favor of several medical providers it found were entitled to summary judgment on claims of medical malpractice and negligence raised by a former patient.
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.
Landlord, not tenant, responsible for insuring building in fire, COA says
The Indiana Court of Appeals reversed the denial of a tenant’s motion for judgment against a landlord’s insurer after finding that the parties’ commercial leasing agreement unambiguously provided that the landlord would insure a building damaged in a fire.
COA: Consecutive sentences not inappropriate for ‘independent and distinct’ charges
A man arrested for drug-related charges who later received additional charges under a separate cause failed to convince an Indiana Court of Appeals panel that a trial court abused its discretion by ordering his second sentence to be served consecutively to the first.
COA reverses one of multiple firearm convictions on double jeopardy grounds
An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.
COA split on amended sentence modification statute
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
SCOTUS to consider Indiana abortion, juvenile life cases in conference
Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.
Mobile home parks lose appeal of IURC classification
Several Kosciusko County mobile home parks lost their appeal of an Indiana Utility Regulatory Commission decision that impacted their sewer billing. The Indiana Court of Appeals on Thursday affirmed the IURC’s entry of summary judgment for a regional sewer district and dismissal of the parks’ appeal in Northcrest R.V. Park, et al. v. Lakeland Regional Sewer District, and Indiana Regional Sewer District Association, 18A-EX-1243.
Split COA affirms admission of dead eyewitness’ video testimony
A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.
Year in Review: Hill sexual misconduct scandal top legal news story of 2018
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.
Indiana Court Decisions — Dec. 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Admission of evidence in teen’s murder case not an abuse of discretion, COA rules
A man convicted of murder as a teen unsuccessfully argued before the Indiana Court of Appeals that evidence in his case was erroneously admitted, with the appellate court instead finding the trial court did not abuse its discretion.