An exculpatory clause in the covenants of a Morgan County subdivision protects the local homeowners’ association from a complaint for damages filed by three residents, the Indiana Court of Appeals has ruled. Residents sued the HOA in a dispute over drainage in the Martinsville subdivision.
A Marshall County child will now be in her father’s care after the Indiana Court of Appeals determined the impact of her mother’s stroke made a change in custody necessary for the best interests of the child.
An Oklahoma couple seeking custody of a child with ties to both the western state and Indiana have lost their Hoosier appeal, with the Indiana Court of Appeals determining an Indiana trial court properly exercised jurisdiction and awarded custody of the child to his mother.
An immigrant who was deported after a misdemeanor guilty plea cost him his protection under the federal Deferred Action on Childhood Arrivals policy failed to show he was entitled to relief because his lawyer failed to inform him of his risk of deportation, the majority of an Indiana appellate panel found.
The Indiana Court of Appeals has reversed a man’s felony neglect conviction after finding there was insufficient evidence to prove the man knew he was placing a dependent in danger by leaving the scene of a car accident.
Northern Indiana judges and lawyers may now apply to succeed long-serving Indiana Court of Appeals Judge Michael Barnes, Indiana Chief Justice Loretta Rush announced Wednesday.
A Blackford County man who admitted to molesting two children living in his apartment will have his convictions reversed after the Indiana Court of Appeals determined his incriminating statements were inadmissible under the fruits of the poisonous tree doctrine.
A South Bend-based staffing company has failed to state a claim for relief in its legal malpractice complaint against Barnes & Thornburg LLP, the Indiana Court of Appeals ruled in a Tuesday opinion upholding the dismissal of the complaint against the law firm.
The Indiana Court of Appeals has upheld a $9 million verdict in favor of a man injured in a motorcycle crash after determining a proffered jury instruction on damages was not erroneous.
At 70, Judge Michael Barnes could continue to serve on the Indiana Court of Appeals for another five years before facing mandatory retirement. Instead, he’s thinking young. “Age and grandchildren change one’s perspective,” he said.
One of the masterminds of the deadly 2012 Richmond Hill home explosion will not appear before the Indiana Supreme Court again after the five justices unanimously denied transfer to his challenge of one of his numerous felony convictions.
The Indiana Supreme Court will consider a sentence modification question that is also getting attention from the Indiana General Assembly when it hears oral arguments this week.
The Indiana Court of Appeals has upheld the denial of an Indiana man’s habeas petition, finding the man was legally considered to be on parole at the time of his subsequent offenses, making his parole revocation appropriate.
A child support dispute between two Wabash County parents will return to the trial court on remand after the Indiana Court of Appeals found errors in the lower court’s computation of both parties’ incomes.
A Tippecanoe County mother who pleaded guilty to molesting her infant son will serve out her 40-year sentence after the Indiana Supreme Court granted transfer to her case and affirmed her sentence Wednesday.
Testimony from a physician which supported the state’s effort to adjudicate six minor siblings as children in need of services was allowed under the hearsay exception, the Indiana Court of Appeals has ruled.
The Indiana Court of Appeals has upheld a felony intimidation conviction against a man who threatened to cut his ex-girlfriend’s throat, finding evidence of the man’s subsequent bad acts was admissible.
While the Indiana Court of Appeals found the state’s reasons “tenuous at best” for a 36-year delay in charges against a Lake County man accused of the murder of a Hammond police officer, the appellate court on Wednesday ordered the trial to proceed.
A fraud suit against State Farm Insurance brought by one of its insured will continue in trial court after the Indiana Court of Appeals ruled Tuesday there were genuine issues of material fact precluding the grant of summary judgment to the insurer.
A man who pleaded guilty to child molestation was not wrongly denied post-conviction relief, but the trial court erred in ruling that he could not directly appeal his sentence imposed after the plea agreement, the Indiana Court of Appeals ruled Tuesday.