Articles

Order to return 5-unit apartment to single-family house upheld

The Indiana Court of Appeals affirmed a public works and safety board’s order that a man restore a property he uses as apartments back to a single-family dwelling after finding the home to be unsafe and sufficient evidence proved it was not a multi-family unit.

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COA: Defendant with transcript has no right to trial recording

A trial court’s decision to decline to provide a criminal defendant with an electronic recording of his trial has been upheld, with the Indiana Court of Appeals ruling the defendant did not have a right to the electronic copy because he already had received the trial transcript.

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School closing postpones traveling oral argument

A school closing due to winter weather postponed an oral argument that had been scheduled for Thursday on the north side of Indianapolis. The closing of North Central High School forced the rescheduling of oral arguments in Jazzmen Bails v. State of Indiana, and a new date and location was not immediately available.

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COA upholds grant of treble damages, denial of liability

The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her. 

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COA: ‘Irritated’ judge must make immigration findings

A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.

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Appeals court splits over ‘manifest injustice’ in resentencing

The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.

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Appellate court says preferred venue statute is void

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.

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