Articles

Attorneys: Guidance needed for waiving presence at hearing

Counsel for both parties to a mental health commitment case agreed on one central issue when they argued before the Indiana Supreme Court on Tuesday: attorneys and judges need guidance on when a respondent’s right to be present at their commitment hearing can be waived.

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Theft conviction reversed for man who failed to pay restaurant bill

The Indiana Court of Appeals has reversed a man’s misdemeanor theft conviction after finding the state failed to prove the man went to a restaurant and consumed food and drink with the intention of not paying. However, the court upheld the man's related disorderly conduct conviction.

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Molestation convictions upheld against former stepfather

A Clinton County man convicted of molesting his former stepdaughter has lost his appeal after the Indiana Court of Appeals determined Monday the trial court did not abuse its discretion by excluding evidence that the victim was molested by another man.

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Justices to hear mental health commitment, murder appeals

The rights of respondents to be present at their mental health commitment hearings will be considered this week when the Indiana Supreme Court hears oral arguments in a case in which a man was involuntarily committed for mental health treatment without being present at his hearing.

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COA reverses involuntarily mental health commitment

A woman involuntarily committed to the Evansville State Hospital for mental health treatment must be released after the Indiana Court of Appeals determined Friday there was insufficient evidence to support her commitment.

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Mom who placed child for adoption can’t claim custody 13 years later

A biological mother and father who consented to the adoption of their child cannot 13 years later seek custody. The Indiana Court of Appeals affirmed a trial court ruling to that effect Friday, finding that to rule otherwise would “lead to a patently absurd result in this case and potentially many others.”

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‘So it goes:’ conflicted COA affirms barring estate’s med-mal claim

The estate of a woman who died after she was treated by emergency medical technicians cannot sue the EMTs, the Indiana Court of Appeals affirmed Wednesday. But one judge who joined the decision wrote he was “wholly dissatisfied with this outcome” and believes the decision will encourage “legal gamesmanship” by medical malpractice defendants.

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COA: Dead Man’s Statute precludes testimony

Indiana’s Dead Man’s Statute prohibits the owners of a cattle company from testifying about their dealings with a deceased cattle farmer, the Indiana Court of Appeals has ruled, though one judge questioned whether the Dead Man’s Statute should remain law. As the sole proprietor of Cain Farms, Roger Cain purchased cattle from Kentucky-based Childress Cattle, […]

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COA allows med mal case to continue

A woman with severe back pain will be able to pursue a medical malpractice claim against her orthopedic surgeon after the Indiana Court of Appeals ruled that the clock on the two-year statute of limitations does not start until the patient discovers the malpractice.

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Appellate court upholds neglect convictions

The Indiana Court of Appeals has affirmed a Marion County woman’s convictions for neglect of her boyfriend’s children after finding the woman assumed the care of the children, yet placed them in dangerous situations by exposing them to the making and selling of drugs.

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Supreme Court stays consideration of appeal

After determining a Monroe County appeal that came before the Indiana Court of Appeals was not an appeal of a final judgment, the Indiana Supreme Court has stayed its consideration of the case and remanded for the trial court to decide if it will enter a final appealable judgment.

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COA affirms involuntary commitment

A Marion County man must remain in involuntary mental health commitment after the Indiana Court of Appeals upheld findings that he is gravely disabled and a danger to others.

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COA overturns summary judgment in contract dispute

In the second appeal stemming from a cancelled contract between Lake County and a delinquent tax collector, the Indiana Court of Appeals has reversed a grant of summary judgment in favor of the county based on its precedent from a previous 2015 decision.

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COA throws out handgun, driving with suspended license convictions

After determining an inventory search of a man’s car was actually investigatory in nature, the Indiana Court of Appeals overturned Monday the man’s conviction of possession of a handgun without a license. The court also threw out the man’s conviction of driving with a suspended license for lack of evidence.

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