Articles

Wrongful death suit reinstated in IPS student’s murder

The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.

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On remand, divided COA again allows modification of fixed-plea sentence

A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.

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COA again addresses summarily approved commitment orders, finds timeliness waiver

The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.

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Father loses appeal of conviction for molesting son

A Madison County father convicted of molesting his son has lost his appeal of his conviction, with the Indiana Court of Appeals finding statements a prosecutor made during the son’s deposition were reasonable and non-threatening.

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Justices make amendments to appellate ‘Notice of Defect’ rules

The Indiana Supreme Court has made amendments to how attorneys and litigants are required to respond when their appellate filings do not comply with Indiana Rules of Appellate Procedure. An order from the court inserts new language into Appellate Rule 23 related to correcting filing defects and creates a new appendix to the rule.

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Rent-to-own lawsuits rise in federal, state courts

Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.

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Abusive boyfriend’s criminal confinement conviction affirmed

The Indiana Court of Appeals found there was sufficient evidence to support a man’s criminal confinement conviction after he beat up his girlfriend, dragged her by the hair and stomped on her already broken leg. The appellate panel found he substantially interfered with her liberty without her consent.

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Convicted forger, ID thief loses appeal of suit against victims

The Indiana Court of Appeals affirmed the grant of summary judgment to several relatives and the landlord of man convicted of stealing and frequently using his parents' financial accounts and personal items to fund his gambling. The COA found the relatives were entitled to judgment as a matter of law.

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