Checkpoint doesn’t violate separation of powers
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
Judge Michael P. Barnes
Articles
COA refuses to rule defendants get blanket immunity
The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.
Justices asked to revisit Indian family law
At least one Indiana Court of Appeals judge believes the state’s highest court should revisit how it applies a three-decade
old statute to tribal Indian family adoption issues inside Indiana.
Suit filed after statute of limitations end
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
Judges disagree on estoppel claim
An Indiana Court of Appeals panel disagreed today as to whether an insurance company is entitled to summary judgment in an action filed by clients regarding coverage. In Everett Cash Mutual Insurance Co. v. Rick and Katrina Taylor, No. 02A03-0808-CV-386, the issue is whether the Taylors were negligent in failing to make sure an independent […]
COA: Destroyed tape doesn’t make record silent
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
Temporary and lessee worker same under act
In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.
Theft case requires special prosecutor
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
Purse search violated Indiana Constitution
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.
COA reverses denial of prisoner’s petition
The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.
Case requires balancing act by court
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
Judges differ on application of high court ruling
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
COA: Expenses apply under penalty period
The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.
Court: CHINS records aren’t available to media
The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.