Articles

Six remain in running for Court of Appeals

Three judges and three lawyers from northern Indiana remain in the running to succeed retiring Indiana Court of Appeals Judge Michael Barnes after the Judicial Nomination Commission narrowed the field by half Tuesday following its interviews with 12 applicants.

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Justices to hear appeal of daughter disinherited from estate

The Indiana Supreme Court will hear an appeal from a Spencer County woman who claims she was disinherited by her stepmother from her father’s estate, from which her stepmom’s son later derived more than $3 million in mineral rights revenue from West Virginia properties he inherited.

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First round of Court of Appeals interviews complete

The Indiana Judicial Nominating Commission is now in the process of determining which of the 12 applicants who applied to fill a coming Indiana Court of Appeals vacancy will be asked to sit for a second round of interviews later this month.

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Interviews to fill upcoming COA vacancy begin

Five Indiana Court of Appeals hopefuls sat for interviews Monday morning, beginning the process of filling the northern Indiana vacancy on the court that will be left when Judge Michael Barnes retires on June 1.

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JNC to interview 12 for COA seat

Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.

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Resisting law enforcement by fleeing conviction reversed

A man convicted of resisting law enforcement has successfully appealed his conviction to the Indiana Court of Appeals, which determined the jury instruction on the “fleeing” element to his conviction was fundamental error warranting reversal.

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Appellate court upholds attorney fees in CAFO dispute

An Indiana trial court properly awarded attorney fees to two livestock organizations that consulted on the construction of a Hendricks County feeding operation, the Indiana Court of Appeals ruled in an opinion that also found the subpoenas issued to the organizations were overly broad.

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COA upholds summary judgment to Tipton Schools

A central Indiana school corporation was properly granted summary judgment on a parent’s negligence claims, the Indiana Court of Appeals ruled Wednesday, determining the corporation was immune under the Indiana Tort Claims Act.

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COA reverses involuntarily mental health commitment

A woman involuntarily committed to the Evansville State Hospital for mental health treatment must be released after the Indiana Court of Appeals determined Friday there was insufficient evidence to support her commitment.

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IndyBar: Get to Know Justice Slaughter and COA Judge Barnes

Indiana Supreme Court Justice Geoffrey G. Slaughter and Indiana Court of Appeals Judge Michael P. Barnes are the featured speakers for the IndyBar Appellate Practice Section’s annual Appellate Roundtable and Reception on October 11. They will talk about what you need to know for practicing before appellate courts in Indiana.

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Signs of dissent in retention vote

Justice Steven David's Barnes opinion finding no right to resist unlawful police entry results in an unusual ouster effort on an otherwise quiet appellate judicial ballot.

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Questionable results of drug tests

Attorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed task force show that she may be justified in having that fear.

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Man not prejudiced by counsel’s deficient performance

The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.

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