Articles

Rush, David dissent in denial of appeal after joint mistrial request rejected

A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.

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COA: Court disregarded procedures in PCR case

The Indiana Court of Appeals has reversed a man’s denied petition for relief from what he alleged as conspiracy to wrongfully convict and confine him, among other things, after finding a post-conviction court erred in the procedure it used to dispose of his petition.

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Receiver for million-dollar Corvette affirmed but bond required

Long-running litigation over the fate of a legendary Corvette racecar appears slightly closer to the finish line, as an appeals court Thursday gave the green flag to a receivership appointed to sell the car. However, the appellate panel instructed the trial court to require the receiver be bonded as required by law.

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COA to hear wrongful death appeal at Indy community center

Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.

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Father’s assertion of Fifth Amendment rights splits COA

Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.

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Taco food truck explosion not foreseeable, divided COA says

A man injured while waiting for his taco lunch lost his appeal that he was owed a duty of care from a salvage yard, with a majority of an Indiana Court of Appeals panel finding a food truck explosion at the salvage yard was not reasonably foreseeable.

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Robb leading national appellate chief judges’ council

As the former leader of the Indiana Court of Appeals, Judge Margret Robb knows what it takes to be the chief. Now, she’s sharing her experience with other judicial leaders as president of the Council of Chief Judges of the State Courts of Appeal.

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