Justices accept 1 case, deny 9
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.
Indiana Court of Appeals
Articles
Medical malpractice judgment upheld by appellate court
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
Judges affirm 90-year sentence for child molester
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
COA travels to Valparaiso for arguments
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
Trial court erred in instructing jury in negligence case
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
Evidence doesn’t support enhanced possession charges
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
COA reverses trial court in personal injury case
The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.
COA judge applications due May 9
The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.
Appellate court dismisses small claims venue case
The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.
Homeowner association has authority to decide on new home proposal
The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.
Majority reverses conviction based on meth manufacturing
A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.
Court preserves woman’s day in court despite delays
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
Panel disagrees on foreclosure settlement resolution
The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.
Summary judgment affirmed in favor of attorney
An attorney who withdrew as counsel for two related family-owned businesses did not make false and defamatory statements in explaining his withdrawal, the Indiana Court of Appeals held.
COA holds false customer review violates no-contact order
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
Judges affirm decision in speedy trial claim
A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.
Court rules on estate’s claim against insurer
The Indiana Court of Appeals has upheld a judge’s ruling against a California reciprocal insurance exchange in a dispute over whether the insurer would have to pay part of a million dollar judgment.
Court upholds child molester’s no-contact condition
The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.
Appellate court rules on bona fide purchaser dispute
The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.
Court of Appeals revises robbery sentence
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.