COA orders new trial in utility theft case
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
Indiana Court of Appeals
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Court examines future medical care in workers’ comp case
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
COA allows insurance dispute to proceed
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
Judges affirm employer’s attendance policy is unreasonable
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
COA: enhancement isn’t an ex post facto violation
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.
Judges find certain property not included in sheriff’s sale
The Indiana Court of Appeals relied on a decision from Colorado to rule on a case involving the sale of business personal property at a sheriff’s sale when the notice only mentioned the sale of real property.
COA upholds judgment in auction of towed car
The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.
Justices vacate transfer
The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.
Judges find man’s sentence violates statute
The Indiana Court of Appeals relied on a case from the state’s highest court to rule on whether a term of imprisonment for the purposes of Indiana Code 35-50-3-1(b) includes both the executed and suspended portions of a sentence.
COA rules on fire department consolidation demotions
The Indiana Court of Appeals issued a decision Wednesday involving the consolidation of the Lawrence Township Fire Department with the Indianapolis Fire Department and how the local township merit commission was able to restructure the firefighter officer positions under an exception in state statute.
Court addresses Barnes retroactivity
The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.
Judges divided over prison term for probation violation
The Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support payments.
COA rules man can challenge med mal act
The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
Court rules on mistaken statutory language
A mistaken statutory provision has led to a reversal of a decision by a trial court judge from Wells County.
Judges interpret left turn traffic statute
Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.
7th Circuit hears Planned Parenthood, JLAP appeals
The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.
State bar honors 2 judges at annual meeting
The Indiana State Bar Association honored two Court of Appeals judges at its annual meeting Oct. 20 in French Lick.
Defendants not negligent in father’s suicide, murder of daughter
A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.
COA upholds $300,000 verdict, addresses ‘patient abandonment’
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
COA: Man wasn’t denied fair trial by judge
The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.