Articles

Statute of limitations bars medical negligence case

After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.

Read More

COA: Only property owned prior to final separation can be included in marital pot

Only property that is owned or acquired before the date a dissolution petition is filed in a divorce proceeding can be included in the marital pot, the Indiana Court of Appeals found Thursday in an opinion that overturned a lower court’s decision to include stock options vested after the date of a couple’s final separation in the marital pot.

Read More

COA: Exigent circumstances justified warrantless search

An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.

Read More

Judges affirm man’s handgun conviction

A Vanderburgh Circuit judge tendered a proper jury instruction on the charge of carrying a handgun without a license, the Indiana Court of Appeals held Wednesday in affirming a man’s conviction.

Read More

Electronic copies of warrants are equal to paper copies

An electronic version of a signed search warrant is legally considered the equivalent of a paper warrant, the Indiana Court of Appeals has held, so a man’s constitutional rights were not violated when an officer drew his blood after showing him only a photo of a warrant in an email.

Read More

Divided COA: Man can’t use RFRA to avoid taxes

A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.

Read More

COA vacates arbitration award for lack of agreement

The Indiana Court of Appeals vacated an arbitration award Thursday after determining that an arbitration agreement did not exist, thus making the arbitration proceedings between a Lake County couple and an automotive company pointless.

Read More

COA considers liability in sheriff’s office suicide case

After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?

Read More