Montgomery Co. judge returning to bench after medical leave
The Indiana Supreme Court has revoked a judge pro tempore appointment following a judge’s return to the bench.
Senior Judge John G. Baker
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‘I am grateful’: Najam recounts rich judicial career ahead of COA retirement
Court of Appeals of Indiana Judge Edward Najam recently sat down with Indiana Lawyer to reminisce about his lengthy judicial and legal career ahead of his retirement this summer.
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Year in Review: COVID aside, Barrett’s ascent to SCOTUS tops year’s biggest legal news stories
COVID may have seemed like the only thing that happened in 2020, but for Indiana’s legal community, the past year brought watershed developments that will be with us for years to come, many of which were touched directly by the pandemic. Here are the Top 10 non-coronavirus Indiana legal news stories as determined by consensus of the Indiana Lawyer editorial staff.
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Coming full circle: Weissmann joins COA after years of appellate practice
At 10 a.m. Monday, Leanna Weissmann transitioned from practitioner to judge. “What a star,” Chief Justice Loretta Rush said of Weissmann when her appointment was announced. “I will miss you standing before me arguing cases. … I always knew it would be a whale of an argument.”
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Saying goodbye: Baker to retire after more than 40 years as a judge
It wasn’t quite the retirement he expected. With COVID-19 forcing most of the population to work from home, Court of Appeals Judge John Baker quietly visited the Indiana Statehouse in early June to pack up his chambers. Though he won’t officially retire until July 31, he decided to close out his Indianapolis office early, without the usual pomp and circumstance of a sendoff. “I wanted to work from home,” Baker said with a laugh, “but I didn’t mean for everyone else in the world to have to do it.”
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Articles
COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
COA reverses summary judgment, allows negligence claim against Chinese restaurant to continue
A man who sued a Chinese restaurant after he slipped on what appeared to be grease can pursue his negligence claim after the Court of Appeals of Indiana reversed the grant of summary judgment to the restaurant.
Taiwan damages claims fall outside insurance coverage territory limits, COA affirms
An insurance company is not contractually required to cover losses related to a class-action lawsuit filed in Taiwan, the Court of Appeals of Indiana affirmed Tuesday.
Baker appointed judge pro tem in Boone County
Senior Judge John G. Baker has been appointed judge pro tempore of Boone Superior Court 1, the Indiana Supreme Court announced.
Appellate court splits in first impression ‘he said, she said’ child molesting case
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
COA allows rape case to proceed 35 years after incident
A Lake County man charged with multiple rapes 35 years after they occurred failed to convince the Court of Appeals of Indiana that his due process rights were violated and that the decadeslong delay was unjustified.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
In ‘catastrophic’ motorcycle crash case, justices rule for Tyson Foods, adopt bright-line rule
In adopting a bright-line rule Tuesday, Indiana Supreme Court justices ruled that a meat plant accused of contributing to a serious crash owed no duty to the motoring public because the tall grass at issue was confined to the plant’s property.
Judge James Kirsch announces retirement from Indiana Court of Appeals
Veteran Indiana Court of Appeals Judge James Kirsch announced Thursday he will retire this fall, capping a quarter-century on the state’s appellate court bench. Kirsch said in a statement he will continue to serve as a senior judge.
COA ruling gives Dead Man’s Statute longer reach
Under the Indiana Dead Man’s Statute, the deceased can tell no tales, but a recent decision by the state’s Court of Appeals has created uncertainty over when the survivors can speak, particularly where it concerns trusts.
Misdemeanor conviction vacated for man in fatal three-car crash
A man who fled the scene of a three-vehicle crash that killed three people and seriously injured two others has had one of his reckless driving convictions vacated on double jeopardy grounds, the Indiana Court of Appeals ruled Thursday.
Weissmann selected to succeed Baker on Indiana Court of Appeals
Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.
Divided appeals panel upholds termination of dad’s parental rights
A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”
Divided COA panel affirms for Tyson in catastrophic motorcycle crash suit
The guardian of a Wayne County man who sustained catastrophic brain injuries in a motorcycle crash lost an appeal of a judgment against her negligence suit Thursday, but one judge would have permitted her case against a meat plant near the crash scene to proceed.
Heroin dealer loses appeal of murder convictions
A known heroin dealer convicted of murdering one of his buyers and two other individuals did not convince the Indiana Court of Appeals on Friday that his convictions should be reversed.
Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Terre Haute firm loses fees appeal against former Illinois Congressman
A Terre Haute law firm is owed no additional money from one of its former clients, the Indiana Court of Appeals ruled Monday in an attorney fees lawsuit involving former Illinois Congressman Aaron Schock and his campaign committee.
Semifinalist interviews for Court of Appeals vacancy conclude
The Indiana Judicial Nominating Commission is one step closer to choosing three finalists for an Indiana Court of Appeals vacancy as it holds its second and final round of candidate interviews Wednesday.