Testy divorce remanded for recalculation
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
Indiana Court of Appeals
Articles
COA affirms ruling in suit brought after fatal train accident
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.
Appeals court reinstates injured motorist’s claim against insurer
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
Appeals court upholds Medicaid fraud charges
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
Snow forces court, office closures
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
Man’s child molesting conviction upheld
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
COA upholds cocaine convictions, sentence
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
Judges affirm criminal recklessness conviction
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
Judges reinstate administrative order to refund excessive title insurance premiums
After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.
COA orders continuation of insurer’s case against tenant
Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.
Justices reinstate 80-year sentence
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
State drops charges against mom whose murder, arson convictions were overturned
The state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new trial this year.
Attempted ‘hybrid’ defense delay didn’t violate speedy trial rule
A criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
The Star asks Supreme Court to review order to name online commenter
The Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous commenter who posted messages on its website that became part of a defamation suit.
Powers collide in utility rate case charged by ethics scandal
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
Woman who invited abusive spouse did not violate no-contact protective order
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
Star seeks rehearing on order to identify online commenter
The Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
Split court upholds $3.9 million workplace injury judgment
Whether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
COA reminds ex-spouse that turnips cannot bleed
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”
Divided appeals court affirms denial of incapacity maintenance
A woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge that the trial court abused its discretion, but the majority affirmed the lower court’s decision.