COA: Malpractice claim barred by statute of limitations
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
Indiana Court of Appeals
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COA: Police search did not violate state constitution
Indiana police did not violate the state constitution when they searched a woman’s car without a warrant after discovering that the car matched the description from an earlier drug-related tip and police dogs alerted to the presence of drugs in the vehicle, the Indiana Court of Appeals has ruled.
COA: Convicted sex offender can’t seek expungement for unrelated charges
A man convicted of Class D felonies is not eligible for expungement of those offenses because he has also been convicted of sex crimes, the Indiana Court of Appeals decided Friday.
COA: Bank had no duty to woman injured by drunken driver
An Indiana bank does not owe a duty of care to a woman who was injured by a drunken driver after the bank’s employees helped the driver change his tire without knowing that he had been drinking, the Indiana Court of Appeals found Thursday.
COA affirms default judgment against Menards in injury lawsuit
A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.
COA upholds denial of IRA garnishment
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
Victim’s posthumously admitted testimony supports murder conviction
A woman’s deposition identifying to police the man who shot her in the face was properly admitted in the suspect’s murder trial after the victim died, the Indiana Court of Appeals ruled Tuesday.
‘Dismayed’ by trial court, COA orders resentencing
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.
Sheriff’s department not liable in death of former deputy’s wife
The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.
COA affirms revocation of good time credit
A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.
Divided COA reverses denial of proceedings supplemental
A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.
COA affirms drug convictions
The Indiana Court of Appeals has affirmed the convictions of a man convicted on a litany of drug-related charges after finding that the evidence was sufficient to support his convictions and that there were no constitutional violations or court errors that harmed his case.
COA reverses denial of summary judgment to bank
The Indiana Court of Appeals has ruled that U.S. Bank is a bona fide purchaser of an Indianapolis property and was entitled to summary judgment after finding that the mortgage an investment company held on the property could not be found by an adequate title examination.
COA: Company cannot withhold ‘voluntary’ deductions from ex-employee’s pay
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
COA: Restitution must be based on value of damaged car, not upgraded vehicle
Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.
Open government advocates find victory in Groth decision
Not much was changed in terms of government transparency when the Indiana Court of Appeals rejected former Gov. Mike Pence’s argument that the Indiana executive branch’s responses to open record requests are exempt from judicial review. But, according to open government advocates, that lack of change is actually a good thing.
COA: Trial court lacked jurisdiction to order BMV to act
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
Sexual assault nurse’s testimony qualifies under medical hearsay exceptions
A Huntington County man who molested his young relative cannot challenge the admission of the testimony of the nurse who examined the victim because the testimony qualified under the medical treatment exception to hearsay rules, the Indiana Court of Appeals decided.
IMPD officer was qualified as an expert in stalking case
An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.