Articles

COA headed to Fort Wayne to hear med-mal appeal

The Indiana Court of Appeals will travel to Fort Wayne this week to hear oral argument in a medical malpractice appeal. Judges Edward Najam, Paul Mathias and Terry Crone will hear Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc., 18A-CT-00049 at 10 a.m. Thursday at the Allen County Courthouse.

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COA affirms award of fees, dismissal of stepmom’s visitation suit

No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.

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DOC wardship of juvenile delinquent affirmed

A 17-year-old adjudicated as a juvenile delinquent has failed to convince the Indiana Court of Appeals to overturn the Indiana Department of Correction’s wardship over him after failing to prove the case’s disposition constituted fundamental error. But the COA also urged courts to consider allowing juveniles to speak in such cases.

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US Supreme Court may see Lake Michigan beach ownership case

A years-long dispute over the ownership of Lake Michigan’s shoreline may be headed to the U.S. Supreme Court. Justice Elena Kagan last week approved a request from Bobbie and Don Gunderson’s attorneys to extend the deadline for seeking a U.S. Supreme Court review in their case to Oct. 5.

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New COA judge Tavitas brings varied experience to appellate bench

Newly-minted Indiana Court of Appeals Judge Elizabeth Tavitas has done a little bit of everything throughout her legal career. She’s been a prosecutor, a public defender, a private practitioner, a referee, a trial court judge and now, a judge on the state’s second-highest court.

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COA: Filing errors don’t reverse probation revocation

Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.

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COA: Accident affirmation in baby’s death upholds conviction

An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.

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