Supreme Court reverses breach judgment against heart hospital
A longstanding dispute between a cardiologist and his former employer has ended with the Indiana Supreme Court overturning a $470,000 judgment against a heart hospital.
Indiana Court of Appeals
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COA tosses drug evidence after arrest lacking probable cause
Indianapolis police who approached a vehicle with guns drawn after a man exited lacked probable cause, the Indiana Court of Appeals ruled Thursday, suppressing evidence of drugs found in the vehicle.
Neighbor lacks case despite ‘havoc’ after home built on higher land
While agreeing that water flowing from a neighbor’s property after construction of a new home on higher ground “wreaks havoc” on the property below, a trial court’s decision that the owner of the lower ground has no right of action was affirmed Thursday by the Indiana Court of Appeals.
COA orders bank to release mortgage on Adams County farmland
An Adams County couple will be released from the mortgage on their farmland after the Indiana Court of Appeals determined the bank altered the terms of the promissory note secured by the mortgage, entitling the couple to release.
Round 1: Marion County panel gives 17 judges retention nod
After roughly eight hours of interviews, dozens of documents and one unanimous vote, 17 Marion Superior judges have been recommended for retention by a recently created committee whose existence marks a new era for the Indianapolis judiciary.
Appellate panel upholds summary judgment for mortgage lender
A St. Joseph County man who defaulted on his mortgage payments is not entitled to a loan modification, the Indiana Court of Appeals ruled after finding the man’s loan provider met its burden of proving it sufficiently considered his eligibility.
COA rules for landlocked landowner in easement dispute
A Crawford County landowner is entitled to an easement by necessity across adjacent land owned by a property company because the sale of the land in question severed the unity of ownership and left the individual landowner without access to a public road, the Indiana Court of Appeals has ruled.<
COA remands for clarification of vague probation conditions
The Vigo Superior Court must provide a man convicted of resisting and spitting on local law enforcement officers with a written list of his specific probation conditions after the Indiana Court of Appeals found discrepancies and vagueness in the conditions provided.
Justices again will consider fixed-sentence plea modifications
The Indiana Supreme Court will once again consider when, if ever, fixed-sentence plea agreements can be modified. The court granted transfer to a second sentence-modification appeal after recently hearing a similar case.
Indiana Court Decisions — March 1-14, 2018
7th Circuit Court of Appeals March 2 Civil Plenary — Noncitizen Transgender Name Change John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al. 17-1756 A Mexican native with asylum in the United States cannot continue with his suit against various Indiana […]
Appellate court upholds conviction in killing of man’s girlfriend, unborn baby
The Indiana Court of Appeals has upheld a murder conviction against a man who killed his girlfriend and unborn child, finding the warrantless search of his girlfriend’s apartment did not violate his state or federal constitutional rights.
COA upholds murder, neglect convictions in 3-year-old’s death
A woman convicted of neglecting and murdering her boyfriend’s 3-year-old son has lost her appeal before the Indiana Court of Appeals, which found sufficient evidence to support her conviction for the “horrific” crime.
Appeals court puts convicted killer’s release on hold
The Indiana Court of Appeals has temporarily blocked a man’s release from prison in a brutal 1991 slaying.
Judge rules disbursement of civil forfeiture proceeds constitutional
Indiana’s process of diverting a portion of civil forfeiture proceeds to law enforcement and away from the Common School Fund is constitutional, a trial court judge ruled Friday.
COA upholds denial of race-based Batson challenge
A Madison County man who alleged the state challenged a potential juror for race-based reasons has lost his appeal, with the Indiana Court of Appeals finding the record of the robbery trial does not support the argument that the juror was released because he was black.
COA upholds summary judgment in dispute over trust
The only surviving son of a Huntington County woman is not entitled to his mother’s house because she did not properly amend her trust to gift it to him, the Indiana Court of Appeals ruled Thursday.
Rear-ended driver loses appeal vs. driver who suddenly stopped
A driver whose vehicle was rear-ended after the driver in front of him suddenly stopped cannot sue the driver who stopped due to a release he signed with the motorist whose car collided with his.
Judgment affirmed in failed Corydon auto dealership sale
The Indiana Court of Appeals affirmed summary judgment in favor of a planned buyer of a Corydon auto dealership in a dispute that arose after the sale fell through.
COA affirms summary judgment for estate on negligence claim
An Indiana couple trying to bring a negligence claim against the lessor of a home with an allegedly-defective handrail can pursue neither a negligence per se argument nor a private-right-of-action argument, the Indiana Court of Appeals ruled in a Tuesday opinion discussing the differences between those doctrines.
Justices deny transfer to child molesting case
A northern Indiana child molester will not be permitted to argue his case before the Indiana Supreme Court after a majority of justices denied his petition to transfer, though two dissenting justices found omissions in the record that they believe warranting their review of the case.