Articles

Habitual offender enhancement vacated for failure to inform

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

Read More

COA: Jury trials unavailable for expungements 

A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.

Read More

COA: Judgment affirmed in eminent domain action

The Indiana Court of Appeals affirmed the grant of summary judgment to a town in an eminent domain action when it found the land was neither real property occupied by an owner nor agricultural land, so the previous owners were not entitled to receive enhanced compensation.

Read More

Uninsured motorist ruling for passenger crash victim reversed

A man who won a judgment that he was covered by his auto insurance’s uninsured motorist policy after a crash that left him a quadriplegic lost the ruling in his favor Wednesday. The Indiana Court of Appeals decision could cost him millions of dollars that a jury awarded in a separate trial.

Read More

Nonsupport case divides COA on right to be present

The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.

Read More

Medical malpractice reversal finds for providers

Health care providers who removed part of a man’s lung after a biopsy sample was misread as likely cancerous are entitled to summary judgment in his medical malpractice case, the Indiana Court of Appeals ruled Tuesday, reversing a trial court ruling.

Read More

Appeals on wheels heads east for OWI argument

The Indiana Court of Appeals will travel east this week to hear argument in a case involving a woman convicted of operating a vehicle while intoxicated. The case will be heard Tuesday at Winchester Community High School.

Read More

COA: Fired deputy marshal wrongly denied hearing

The Indiana Court of Appeals reversed a decision that found a deputy town marshal was not entitled to a hearing following his employment termination. The deputy had been fired after taking leave for a medical condition.

Read More