Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
The Office of the Public Defender of Indiana is now an American Bar Association Law Office Climate Challenge Partner.
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
A majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling involving the duty to prevent injury to sports participants to now include sporting event volunteers.
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
A panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges disagreed as to why the insurers owed no duty to defend.
The Indiana Court of Appeals reversed a defendant's conviction of driving while intoxicated because the state failed to prove the man was intoxicated when he drove his moped.
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
Inconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review, the Indiana Supreme Court held Thursday.
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.