Articles

Corrected exhibit slipped by COA; ‘disregard’ admonishment

The Indiana Court of Appeals, which issued a stern warning to defendants about misrepresenting their case, acknowledged an amended exhibit had been given to the trial court. While reaffirming its earlier decision, the panel noted that a harshly worded footnote criticizing defense counsel in the personal injury case "is to be disregarded."

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HIV-positive man loses appeal of failure to warn conviction

An HIV-positive man who failed to inform his sexual partner of his AIDS diagnosis and consequently transmitted HIV to her has lost the appeal of his conviction of failure to warn after the Indiana Court of Appeals found sufficient evidence to support that conviction on Monday.

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COA: Trial court lacked jurisdiction to order BMV to act

The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.

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Majority: Trooper’s questioning violated Seatbelt Enforcement Act

A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.

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COA affirms excess damages award in med-mal case

Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.

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COA: CDL holder cannot enter diversion program for alcohol offenses

A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.

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COA split over inmate’s ability to sue for unpaid wages

The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.

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Panel criticizes late discovery introduction

While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.

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Judge dissents in denial of rehearing

Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.

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COA affirms man not falsely arrested, imprisoned

The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.

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