COA: Venue convenience does not trump precedence
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
Judge L. Mark Bailey
Articles
Reversal: Expungement petitioner entitled to hearing when prosecutor objects
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
Majority: Sex offender registration not ex post facto law
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
COA: Insurance policy covers deputy killed while directing traffic
The Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana Court of Appeals affirmed.
Perry County only preferred venue for wage suit
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
Judges visit Jeffersonville for arguments
The Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
COA divided on noncompete agreement, injunction
Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
Appeals court reverses summary judgment for pharmacist, CVS
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
Court’s community-service policy is unenforceable
The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
PCR 2 not available for probation revocation orders
Post-Conviction Rule 2 is not available for belated appeals of probation revocation orders, the Indiana Court of Appeals concluded.
Social-services recipients entitled to injunctive relief
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
Court orders attorney’s fees following bad faith appeal
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
Opinion regarding insurance company considers definition of ‘ever’
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
All judges up for retention to stay on bench
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
Judges send Medicaid case back for review
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.
Judges hold option to buy real estate valid
The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.
COA to visit Rushville, Greencastle
The Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels” initiative.
State bar releases results of COA retention survey
If the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
Pending dissolution settlement not enforceable upon a party’s death
A property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is finalized, the Indiana Court of Appeals ruled today.