Court declines to review commitment cases differently
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
Indiana Court of Appeals
Articles
Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
Judge worries ruling may make bright-line rule in traffic stops
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
Arbitration of FCRA claim survives bankruptcy discharge
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Judges disagree on whether grandfather can adopt
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
Medicaid applications review policy doesn’t violate federal law
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
Attorney fees not recoverable under adult wrongful death statute
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
State, federal double-jeopardy challenge fails
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.
COA reverses juvenile’s exploitation adjudication
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
3-step test needed to balance rights
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
Town lacked needed consents to annex land
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
COA: insurer received actual notice from clients
The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.
Title company didn’t have authority to close real estate deal
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.
Court rules on first impression ‘alibi’ witness issue
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
Court addresses fine line between traffic stop, arrest
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
Man gets new trial because of ineffective counsel
Based on ineffective assistance of counsel, the Indiana Court of Appeals today reversed on direct appeal a man’s domestic
battery conviction and remanded the case for a new trial.
COA: Teen didn’t resist law enforcement
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
Use of wrong statute requires reversal of dealing conviction
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed
the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
Canine sniff case gets second look, same ruling
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.