Supreme Court raises minimum senior judge days to 15
The Indiana Supreme Court is increasing the minimum number of senior judge service days available to the state’s courts as a means of enabling courts to provide timely justice to litigants.
Indiana Court of Appeals
Articles
COA: Officer’s failure to take oath doesn’t nullify charges
A northern Indiana police officer’s stop and subsequent arrest of an impaired driver was valid even though the policeman had not taken his oath of office, the Indiana Court of Appeals ruled Friday.
COA allows spoliation claim to proceed
The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.
COA upholds 12(B)(6) dismissal of complaint against bank
A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.
COA: Attorney fee records not protected or confidential
An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.
Divided COA rules officers’ search violated Indiana constitution
A divided Indiana Court of Appeals has thrown out a man’s drug and firearm convictions after determining the officers who discovered the evidence violated the Indiana Constitution by maneuvering around a locked gate to locate the evidence.
COA strikes down 57 percent water rate increase
The city of Washington cannot impose a 57 percent rate increase on a local nonprofit water utility after the Indiana Court of Appeals determined Wednesday that increase was not reflected by an actual increase in costs.
Justices to decide whether dismissed manslaughter trial can proceed
After initially being charged in the shooting death of his wife, John Larkin’s criminal case was thrown out after a trial court judge determined the state failed to bring Larkin to trial within the appropriate timeframe. Plus, the case was rife with state and prosecutorial misconduct, leading the judge to conclude Larkin could no longer receive a fair trial.
60 senior judges certified for 2018
The Indiana Supreme Court has certified 60 judicial officers as senior judges for the coming year.
Mentally ill woman found not guilty by insanity in pastor’s shooting
After two trials and two convictions of guilty but mentally ill in the shooting death of a Southport pastor, the Indiana Court of Appeals ordered the trial court to enter a finding of not guilty by reason of insanity against the woman who admitted to the shooting.
COA partially reverses delinquent adjudication against teen
A teenager who devised a plan to shoot his assistant principal and other students while at school has had one delinquent adjudications reversed after the Indiana Court of Appeals determined the threat the student made against the assistant principal did not meet the statutory definition of intimidation.
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.
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.
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.
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.
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.
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.”
COA reduces contempt sentence from 910 days to 6 months
The Marion Superior Court must reduce a man’s sentence for criminal contempt of court to six months in order to comply with his Sixth Amendment rights and U.S. Supreme Court precedent, the Indiana Court of Appeals has ruled.
‘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.
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, […]