JNC to interview candidates to succeed Kirsch on COA in May
All 23 lawyers and judges who applied to succeed Judge James Kirsch on the Indiana Court of Appeals will be interviewed by the Indiana Judicial Nominating Commission next month.
Indiana Court of Appeals
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Justices to hear in-person arguments next week
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
Foreclosure case remanded over statutory violation
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
Health provider loses Medicaid appeal seeking OTC medicine reimbursement
A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.
COA reverses reopening of dismissed eminent domain action
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
Web Exclusive: NCAA, broadcaster in contract dispute over COVID cancelation of March Madness 2020
After the fanfare of the 2021 NCAA March Madness Tournament, the Indianapolis-based college athletics organization is heading back to the court — this time, an actual courtroom in the Circle City — in a contract dispute over a radio broadcast contract canceled during the pandemic.
Female judges encourage women to seek out the bench, become ‘seed planters’
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
DTCI: COA allows medical bills in PI suit seeking only damages
In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.
Security guard charged with murder loses appellate bid for release on bail
An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”
Justices grant transfer to 2 cases, including first impression search warrant question
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
Fired Anthem exec loses appeal of verdict for insurer
A jury verdict against a fired Anthem, Inc. executive will stand after the Indiana Court of Appeals declined to overturn the denial of the former insurance exec’s requests for a new trial.
COA allows second deposition of alleged child molesting victim
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.
COA affirms $245K judgment against brother in family farm dispute
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Appellate court upholds murder conviction despite woman’s self-defense claim
A woman convicted of murdering a man who had been harassing her at an Evansville house party failed to convince the Indiana Court of Appeals that she was acting in self-defense or that the trial court erred in making evidentiary decisions.
Judgment for state against insurer in Lawrenceburg official’s theft reversed
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Denial of grandparental visitation reversed in ‘unusual circumstances’
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.
New murder trial affirmed for Elkhart man with mental disability
A man with a mental disability who has for years claimed he was wrongfully convicted of an Elkhart murder and who spent more than 15 years behind bars can proceed to a new trial after the Indiana Court of Appeals upheld a post-conviction relief order vacating his murder conviction.
Will dispute between siblings over family business assets remanded
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
COA rejects due process complaints, affirms probation revocation
A man claiming due process violations in the revocation of his probation will continue to serve his suspended sentence in prison after the Indiana Court of Appeals rejected his appeal.