Legal malpractice arguments focus on whether crime victim lost settlement chance
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
Indiana Court of Appeals
Articles
Reversal: Trial court ordered to revisit CHINS petition
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
Appeals court reinstates grant of petition to relocate easement
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
COA affirms convictions in nursing home burglary scheme
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
Law firm entitled to $36k in unpaid legal fees, court rules, but not all it sought
A Vincennes firm scored a partial victory in the Indiana Court of Appeals on Wednesday after the court upheld the award of more than $36,000 in unpaid legal fees for guardianship and estate work. The appeals court remanded the case for reconsideration of other collection costs and prejudgment interest awarded.
COA affirms denial of educational credit time for inmate
The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.
COA reinstates Madison City Council rezoning denial
A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.
COA finds no Brady violation in burglary case
The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.
COA affirms denial of motion to suppress after prolonged traffic stop
An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.
Man’s companion entitled to compensation for services, COA rules
An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.
COA reverses forfeiture against drug offender
The state must return funds seized from a man convicted of possession of marijuana after the Indiana Court of Appeals found no proof linking the cash to any drug crimes.
Appeal: Commercial court, without notice, idled worker
One of the first appeals from an Indiana Commercial Court alleges the specialized docket touted as a speedier, more efficient means of resolving complex business disputes operated in secret to keep a glass-industry engineer out of a job in his profession for a year.
COA affirms 65-year sentence for man who killed officer
The Dearborn Circuit Court did not err in imposing a 65-year sentence on a man convicted of felony murder after he shot and killed a deputy sheriff in the line of duty, the Indiana Court of Appeals held Tuesday.
COA orders landowner to comply with local ordinances
In the third appellate iteration of a case stemming from violations of Indianapolis environmental ordinances, the Indiana Court of Appeals has found a property owner allowed its tenant to violate the ordinances and ordered the owner to bring the property into compliance.
COA to hear oral arguments in Bloomington this week
The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.
COA to hear legal malpractice appeal
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
Appeals court vacates multiple domestic violence convictions
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
COA affirms $2.13M award against trucking firm in crash
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
COA: Expert should have testified about personal medical practices
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
New Jersey man to get attorney fees, interest in failed real estate deal
After affirming the denial of summary judgment to northern Indiana landowners who misrepresented a property zoning to a potential buyer, the Indiana Court of Appeals also reversed the denial of attorney fees and prejudgment and post-judgment interest to the buyer.