Articles

Newborn blood sample case appealed to Indiana’s high court

An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple’s attorney filed a petition Thursday asking the state high court to take up the case.

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COA: Worker’s comp board may overrule medical examiner

The Indiana Court of Appeals affirmed a Worker’s Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.

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COA upholds contempt charges in video conference

The Indiana Court of Appeals upheld a man’s contempt of court charges after it found just because a man was on video didn’t mean he couldn’t commit contempt, and the evidence was enough to uphold the charges.

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Ex-credit union chief loses defamation per se appeal

The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.

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COA reinstates ex-boyfriend’s complaint for damages

The Indiana Court of Appeals found a man’s complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.

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Appraiser has no duty of care to real estate seller

The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.

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Justices deadlock 2-2 on transfer in two cases

The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court’s list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.

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COA upholds denial of post-conviction relief petition

The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.

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COA: Stop violated 4th Amendment

A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.

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COA upholds charges in robbery, assault case

The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.

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COA: Defense lawyer’s ‘questionable’ conduct not reversible error

A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.

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