In considering a common arrangement between a utility company and property developer, the Indiana Court of Appeals has given a green light for that utility to exercise eminent domain when a developer is financing a sewer line extension to a proposed housing development.
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana, No. 45A03-0811-CR-569, Judge Carr Darden cited the […]
State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.
The contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed today.
The Indiana Court of Appeals granted a rehearing in John Pickett v. State of Indiana, No. 47A01-0807-CR-322, to address whether Judge Cale Bradford should have recused himself because his ex-wife, Kimberly A. Jackson, represented John Pickett on appeal.
The Indiana Court of Appeals remanded a case today involving attorney fees – the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes – because the findings of the case currently don't support the judgment.
In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.
The Indiana Court of Appeals will visit West Lafayette Tuesday to hear arguments in a case involving a warrantless search of a vehicle.
The Indiana Court of Appeals reversed a small claims court judgment because it was troubled by the court's outright refusal to give the plaintiff a chance to introduce evidence to refute a counterclaim. In Robert A. Elrod v. Larry Brooks, No. 10A01-0903-CV-155, Robert Elrod appealed the small claims court's judgment in favor of Larry Brooks, who […]
In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.
The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.
The Indiana Court of Appeals April 16 reclassified a not-for-publication opinion regarding an Indiana Department of Local Government Finance employee's use of his work e-mail account.
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
The Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the doctrine of res gestae.
A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery
conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.