Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
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COA: Franciscan not liable for patient’s files posted on social media
A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.
JW Marriott tax appeal survives motion to dismiss
The third appeal of a 2010 tax assessment against the JW Marriott in downtown Indianapolis has survived a motion to dismiss brought by the Marion County assessor.
Indiana’s lawsuit against opioid maker Purdue Pharma proceeds
Indiana’s lawsuit against drug maker Purdue Pharma for the company’s alleged role in contributing to the state’s opioid crisis is moving forward after surviving a motion to dismiss.
Drug dealer’s appeal fails to show prosecutorial misconduct
A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.
Indianapolis’ Oaktree Apartments demolition order affirmed
A demolition order for a northeast-side Indianapolis apartment complex vacant for more than five years was affirmed Thursday by the Indiana Court of Appeals, which stopped short of ordering the dilapidated property’s owners in England to pay the city’s legal fees in long-running nuisance litigation.
Indiana legislator jailed on drunken driving, other charges
A state legislator from Indianapolis was arrested over the weekend on suspicion of drunken driving and impersonating a police officer.
Indiana National Guard leader sued over retaliation claim
A former contract worker has filed a lawsuit claiming she was retaliated against by the leader of the Indiana National Guard after she reported concerns about his affair with a subordinate. Shari McLaughlin filed the lawsuit this month in Marion Superior Court against Major General Courtney Carr, Adjutant General of the Indiana National Guard.
Justices reject wrongful death claims against IPS in student’s murder
The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.
COA upholds denial of challenge to 6 med-mal jurors
A judge sitting on a medical malpractice case who denied for-cause challenges to six jurors did not abuse his discretion in denying the challenges, the Indiana Court of Appeals has ruled, pointing to the “substantial discretion” trial court judges have over voir dire.
Gun found in vehicle inventory erroneously admitted, COA rules
A man’s conviction for driving on a suspended license will stand, but the Indiana Court of Appeals vacated his conviction for carrying a handgun without a license on finding a search of his vehicle was not pursuant to departmental routine or regulation.
Over objection, court appoints public defenders to death penalty case
The Indianapolis man facing a possible death penalty for allegedly killing a Southport police officer is scheduled to appear in court Friday with a new legal team, including the former dean of Valparaiso University Law School.
Hundreds find relief, hope through Marion County expungement event
The Marion County Prosecutor’s Office on Tuesday evening hosted its first Second Chance Workshop, a free event dedicated to assisting community members in expunging criminal records and restoring suspended driver’s licenses.
Lawyer’s failure to appear merits setting aside default, COA rules
A lawyer’s failure to appear at a hearing to represent his client who was being sued in a civil case arising from a failed joint business venture should not have resulted in a default judgment and sanctions against the defendants, the Indiana Court of Appeals ruled Wednesday.
Step-by-step: 3 counties get extra judicial resources this year from General Assembly
Every fall, judicial representatives from several Indiana counties travel to the Statehouse to make the same plea: Our caseloads are growing and our litigants are waiting, the judges tell lawmakers. We need more help, and we need your permission to get it.
Suspended Indianapolis attorney charged with theft
An Indianapolis attorney who was charged two years ago with indecency and public nudity after allegedly exposing himself to two high school girls basketball teams has been accused of taking more than $53,000 from a client. Raymond Fairchild has been charged with theft as a Level 5 felony for allegedly taking $53,226.35 from the proceeds of a client’s litigation settlement, according to a release from Marion County Prosecutor Terry Curry’s office.
Ex-IUPUI volleyball coach gets probation for child porn
A former college volleyball coach from Indianapolis has been sentenced to probation after pleading guilty to possessing sexually explicit images and videos of young girls. A Marion County judge recently sentenced Steven Payne to four years of probation and barred him from having internet access at home or work.
$100K bond for trucker in deadly Indiana crash
A judge has set a $100,000 bond for a Missouri truck driver facing felony charges for a highway construction zone crash in Indianapolis that killed a woman and her 18-month-old twin daughters.
Semi driver charged in weekend I-465 crash that killed 3
A Missouri semitrailer driver was in court Thursday to face multiple felony charges resulting from a weekend crash in a construction zone on Interstate 465 that killed an Indianapolis mother and her 18-month-old twin daughters.
Veteran Marion Superior Judge Dreyer to step down after 2020
Longtime Marion Superior Judge David Dreyer will step down after 23 years on the bench when his term expires at the end of 2020, he announced Tuesday. Dreyer, 63, a 23-year judge who has presided in civil and criminal cases on the state trial court bench in Indianapolis, said in a news release that he intends to seek senior judge status and continue hearing cases.