Lawyer’s ‘series of unfortunate events’ no help in dismissal appeal
A water-damage negligence suit that lacked docketed activity for about two years was rightly dismissed for failure to prosecute, the Indiana Court of Appeals ruled Wednesday.
Indiana Court of Appeals
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Bank not liable for more than $500,000 of forged checks
Two companies that were embezzled out of a half-million dollars sued the bank that processed more than 100 forged checks but couldn’t prove negligence to the Indiana Court of Appeals.
Snapchat images are probative evidence, COA rules
The ability to take a screenshot and save images on Snapchat is probative evidence in charging a man with child pornography, the Indiana Court of appeals ruled in affirming a Henry County man’s conviction Tuesday.
Indiana Court Decisions — July 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Lake Superior Judge Tavitas named to COA, succeeding Barnes
Lake Superior Judge Elizabeth Tavitas was on the bench on July 18 when her phone rang with a message that would change her career. It was a call from Indiana Gov. Eric Holcomb, informing her that she had been selected as Indiana’s next Court of Appeals judge.
Coerced victim’s prior statement admissible, COA affirms
A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.
COA rules for DNR after dog killed by raccoon trap at park
A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.
Lake Superior Judge Tavitas named to COA, replacing Barnes
Indiana Gov. Eric Holcomb has named Lake Superior Judge Elizabeth Tavitas as the next member of the Indiana Court of Appeals. Holcomb selected Tavitas from a pool of three finalists: Tavitas, St. Joseph Superior Judge Steven Hostetler and Fort Wayne attorney David C. Van Gilder.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
COA: Nearly identical medical malpractice, wrongful death cases filed too late
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
COA: Admitted evidence of prior threats reveals motive for attempted murder
After a man argued that prior threats he made against a man he repeatedly shot at two months later should not have been admitted as evidence, the Indiana Court of Appeals concluded that even if the admission of the threats was error, it would have been harmless.
Retention website created ahead of Slaughter, Altice November retention vote
Indiana’s state courts have established a website with information about two Indiana appellate judges facing retention on the November ballot. Voters will vote yes or no on retaining Indiana Supreme Court Justice Geoffrey G. Slaughter and Indianapolis Court of Appeals Second District Judge Robert R. Altice, Jr. in the November 2018 general election.
COA upholds reconsideration of special administrator appointment
A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.
COA affirms attempted murder conviction on second appeal
A man twice convicted of attempted murder has failed to convince the Indiana Court of Appeals to again reverse and remand his conviction after filing three appellate challenges to his conviction within two years.
Indiana Court Decisions — June 21-July 3, 2018
Read Indiana appellate court decisions from the most recent reporting period.
COA: Enhanced sentence not fundamental error
A man who sought a second resentencing after his 2003 murder convictions unsuccessfully argued that he was denied fundamental due process rights 15 years after being sentenced for four counts of murder.
DCS can’t litigate piecemeal CHINS cases, COA warns
If the Department of Child Services has enough concern to file a child in need of services petition, it should have enough evidence to win the case the first time around, the Court of Appeals warned Friday.
COA: Errant CCS judgment entry can’t void murder retrial
The Indiana Court of Appeals ruled that retrials are not barred if a judgment of conviction is erroneously entered on a chronological case summary, letting stand a murder conviction after the retrial of a man charged with the death of his girlfriend’s infant daughter.
COA: Husband must pay child support with interest
A husband who paid less than $200 of the child support he owed will now have to cover more than the arrearage amount after the Indiana Court of Appeals ruled the wife is also entitled to interest.
Ruling against Indianapolis’ condo nuisance claim upheld
Summary judgment entered in favor of an east side Indianapolis condominium complex was affirmed when the Indiana Court of Appeals ruled that damages sought against the complex by the city for being a “nuisance” were inappropriate.