Supreme Court grants 3 transfer petitions, denies 11
A petition to transfer in a dispute over the removal of highway billboards split the Indiana Supreme Court but did not gain enough votes to be heard by the justices.
Indiana Court of Appeals
Articles
Appellate court allows enhanced sentence to stand
An Indianapolis man who described his offenses as “being in a truck with drugs and a gun” was unable to get his sentence reduced after the Court of Appeals of Indiana rejected his argument that his six-year enhancement for being a habitual offender was an impermissible double enhancement.
COA: Injured construction worker was independent contractor, not employee
A construction worker injured in a building collapse was, in fact, an independent contractor, the Court of Appeals of Indiana has concluded, rejecting an earlier finding that the worker was actually an employee of the company he sued.
COA affirms denial of motion to drop unlawful possession of a firearm charge
An Indianapolis man will not have his charge of unlawful possession of a firearm by a serious violent felon dropped, as the Court of Appeals of Indiana affirmed his constitutional rights weren’t infringed upon when the state applied Indiana Code § 35-47-4-5 to his case.
Anti-SLAPP motion sinks in defamation lawsuit brought by scuba school owners
A man who was hit with a defamation lawsuit after he accused a business and business owner of forging paperwork submitted for his diving certification cannot shield himself with the state’s anti-SLAPP statute after the Court of Appeals of Indiana determined his right to free speech had not been sunk.
COA finds calculation of good time credit is function of accrued time
The Court of Appeals of Indiana has reversed for a Vigo County man who was denied any credit for the time that he was in jail pending the revocation of his probation.
Son not entitled to accounting of mom’s finances from POA daughter, appellate court rules
A Greenwood man will not obtain an accounting of his mother’s finances, as the Court of Appeals of Indiana has affirmed it is in the best interest of the woman that those details stay between her and the daughter she named as her guardian.
Supreme Court appoints senior judges, sets minimum service days
The Indiana Supreme Court has reverted the numbers of days state courts may utilize senior judges back to pre-pandemic levels, but jurisdictions are allowed to seek additional days to help with case backlogs.
Indiana Supreme Court: Northern Indiana Commuter Transportation District is a political subdivision, employee’s injury lawsuit untimely
Indiana Supreme Court justices have affirmed judgment for a commuter transportation district that operates a government-owned railroad against a man who was allegedly injured while working on the tracks, concluding that the district is a “political subdivision” under the Indiana Tort Claims Act.
Trial court abused discretion in granting grandparent visitation, COA rules
The Court of Appeals of Indiana has tossed a postadoption visitation order for a maternal grandmother, finding the Jennings Superior Court abused its discretion by ignoring the requirements and, in part, ordering contact four years after the adoption was completed.
Appellate court reinstates med-mal case against doctor who wasn’t served for 1 year
A doctor who wasn’t notified of a lawsuit against him until one year after it was filed must face the lawsuit after the Court of Appeals of Indiana reversed its dismissal.
COA: Trust invalid due to unclear beneficiaries
A man serving as personal representative of his brother’s estate has failed to convince the Court of Appeals of Indiana that the language in a will left by his deceased brother created a valid trust in his name.
COA affirms $3K judgment against fence installation company, declines to pierce corporate veil
An Indianapolis man who was awarded $3,000 in a small claims dispute with a fence installation company has failed in convince the Court of Appeals of Indiana that the corporate veil should have been pierced in his case.
COA affirms domestic violence convictions after trial court declines mistrial
Finding no prosecutorial misconduct or circumstances warranting a mistrial, the Court of Appeals of Indiana has affirmed a man’s two felony convictions following a domestic violence incident.
COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
Supreme Court affirms ruling for INDOT in injured motorist’s negligence case
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Split Supreme Court reverses summary judgment, immunity for INDOT in hydroplane lawsuit
Immunity for the Indiana Department of Transportation against a motorist’s personal injury lawsuit wasn’t appropriate because the agency knew of flooding issues on a northern Indiana highway for years and failed to remedy the problem before a woman was injured after her vehicle hydroplaned, a split Indiana Supreme Court has ruled.
COA to hear oral arguments in medical privacy case for second time
A Lake County lawsuit alleging medical privacy violations when a dog groomer’s X-rays were shared in her workplace after her boss’s husband accessed them is heading back to the Court of Appeals of Indiana for arguments next week.
COA reverses possession conviction, finds Drugs.com not admissible as drug identification
A man convicted on multiple drug charges has secured a partial reversal after the Court of Appeals of Indiana determined that evidence obtained from a drug information website was inadmissible at his trial.
Ex-hospital employee’s unauthorized access to patient info leaves genuine questions of fact, COA rules
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.