Articles

Six COA semifinalists to be interviewed next week

Interviews with the six semifinalists selected for an upcoming vacancy on the Indiana Court of Appeals will take place next week. Three judges and three lawyers from northern Indiana are vying to succeed Judge Michael Barnes on the appellate court.

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COA: French Lick Resort not negligent in hotel rape

A former guest of the French Lick Resort & Casino cannot bring a negligence case against the hotel after the Indiana Court of Appeals determined the sexual attack against the guest was not foreseeable as a matter of law, making summary judgment for the resort appropriate.

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COA: Participating in needle exchange doesn’t excuse drug activity

A Lawrence County man who argued he had “legal authority” to possess two syringes under the county’s needle exchange program has lost his appeal of his possession of paraphernalia conviction, with the Indiana Court of Appeals rejecting the notion that needle exchanges excuse illegal drug activity. However, the court overturned another of the man’s drug convictions for lack of evidence.

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Appellate court upholds contempt finding against mother

A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.

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Confinement conviction reversed; robbery, burglary counts stand

Burglary and robbery convictions against a man convicted in a Marion County break-in will stand, but related criminal confinement convictions must be vacated because the confinement was “part and parcel” of the underlying robbery, the Indiana Court of Appeals ruled Friday.

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COA upholds admission of marijuana found in home

A multi-count drug trial against an Indianapolis man will continue with evidence obtained from a search of the man’s home after the Indiana Court of Appeals ruled there was probable cause to issue for a search warrant.

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Six remain in running for Court of Appeals

Three judges and three lawyers from northern Indiana remain in the running to succeed retiring Indiana Court of Appeals Judge Michael Barnes after the Judicial Nomination Commission narrowed the field by half Tuesday following its interviews with 12 applicants.

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Justices to hear appeal of daughter disinherited from estate

The Indiana Supreme Court will hear an appeal from a Spencer County woman who claims she was disinherited by her stepmother from her father’s estate, from which her stepmom’s son later derived more than $3 million in mineral rights revenue from West Virginia properties he inherited.

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First round of Court of Appeals interviews complete

The Indiana Judicial Nominating Commission is now in the process of determining which of the 12 applicants who applied to fill a coming Indiana Court of Appeals vacancy will be asked to sit for a second round of interviews later this month.

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COA remands fire case for spoliation of evidence evaluation

A swimming pool manufacturer did not intentionally spoliate evidence after a fire destroyed its uninsured warehouse facility in Wolcott, but an appeals panel sent its case against a power company back to the trial court to determine the appropriate remedy, if any, for negligent spoliation.

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Interviews to fill upcoming COA vacancy begin

Five Indiana Court of Appeals hopefuls sat for interviews Monday morning, beginning the process of filling the northern Indiana vacancy on the court that will be left when Judge Michael Barnes retires on June 1.

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COA transfers daycare negligence case to Hendricks County

A negligence case against a Hendricks County church daycare accused of causing an infant’s catastrophic brain injury must be transferred to Hendricks County after the Indiana Court of Appeals determined the trial court erred in finding Marion County was a preferred venue.

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COA: Bomb threat still evacuates closed courthouse

A man convicted of intimidation for threatening to blowup a courthouse failed to persuade the Indiana Court of Appeals that he did not want to evacuate the building because he made the calls when he knew the place would be empty.

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COA affirms denial of motion to suppress drug evidence

A man found slumped over a steering wheel who later admitted to possessing methamphetamine and marijuana has lost his appeal of the denial of his motion to suppress the evidence against him. The Indiana Court of Appeals found the seizure of the man was constitutionally permissible.

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