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Articles
Oil company established affirmative defenses against liability in man’s death, COA rules in reversal
An oil company sued by the widow of a man who died using its product established affirmative defenses against liability and should have been granted summary judgment, the Court of Appeals of Indiana ruled in reversing a lower court’s decision.
COA reverses, remands summary judgment denial after explosion death
An Evansville car dealer is entitled to summary judgment in an accidental death case in which a man’s widow claimed negligence, the Court of Appeals of Indiana ruled in reversing and remanding the denial of summary judgment.
Helping the self-represented: Growing number of counties offering self-help centers for pro se litigants
A growing number of Indiana counties are finding ways to connect pro se litigants with legal assistance.
Reversal: Police can’t charge to ‘inspect’ accident reports
Police departments cannot charge citizens a fee to “inspect,” rather than “obtain,” accident reports, the Court of Appeals of Indiana has ruled, ordering the Evansville police to allow a woman to inspect such a report at no charge.
Vanderburgh Co., sheriff’s office sued for alleged wrongful arrest after police chase
A southwestern Indiana man is suing Vanderburgh County, the Vanderburgh County Sheriff’s Office and one of its deputies over what the plaintiff says was his wrongful arrest for a 2022 traffic offense.
Police: Heroic actions kept Evansville Walmart shooter from doing more harm
Police in Indiana said Friday that heroic actions by an Evansville Walmart employee and law enforcement officers kept a gunman who shot and injured one female employee from doing more harm.
Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history
While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.
Reversal: Evansville company entitled to indemnity on environmental claim
A company sued in federal court nearly two decades ago for environmental contamination is entitled to indemnity against related state-court litigation, the Court of Appeals of Indiana has ruled in a summary judgment reversal.
Despite win in federal court, defendant loses suppression appeal in state court
An Evansville man who was charged with illegally possessing a firearm in state and federal court could not convince the Court of Appeals of Indiana that his motion to suppress should have been granted by the trial court when the district court ruled for him.
Evansville house explosion victims died of trauma, asphyxia
Preliminary autopsy results released Monday for the three victims of a house explosion in a southern Indiana neighborhood show they died of blunt force trauma and compression asphyxia.
COA rules officers’ show of ‘power and influence’ did not force defendant to allow entry
An Evansville man argued that when he answered his front door and saw half a dozen police officers on his porch, he had to let them into his house. But while the Court of Appeals of Indiana did not find any constitutional violation, it did fault the officers for failing to turn on their body cameras and record the encounter.
Parental rights termination affirmed by COA following mother’s continued drug use
The termination of a Vanderburgh County mother’s parental rights to her minor child was based on sufficient evidence and did not violate her rights to due process, the Court of Appeals of Indiana has ruled.
Alabama jailbreak mystery deepens as manhunt ends with death in Evansville
The death of an Alabama jailer found shot in the head with a gun in her hand after a weeklong manhunt has only deepened the mystery of why a trusted official would help free a hulking murder suspect with a violent and frightening history.
Partial reversal granted on ineffective assistance claim in molestation case
The Court of Appeals of Indiana has partially reversed a child molester’s convictions after concluding he received ineffective assistance of counsel at trial.
Mother’s neglect of dependent resulting in death conviction upheld
A woman convicted of felony neglect of a dependent resulting in death after she left her infant son in the care of his father, who she knew had previously expressed thoughts of harming the child, did not find relief from the Court of Appeals of Indiana.
COA examines whole picture in finding for father in adoption fight
The Indiana Court of Appeals found “totality of the circumstances” required the denial of a petition to adopt even though the father had not paid child support in 13 months and state statute allows for adoption without parental consent when child support has not been paid for one year.
False-statement conviction vacated for double jeopardy after woman falsified form to recover grandfather’s handgun
A woman who provided false information on a document to recover a handgun she had pawned was wrongly convicted on double jeopardy grounds, according to the Court of Appeals of Indiana. However, one of the woman’s two felony convictions will not be vacated.
COA reverses criminal conviction after jailed defendant didn’t receive case file
A Vanderburgh County man will get a second day in court after the Court of Appeals of Indiana reversed his criminal conviction, finding in part that his inability to get his case file while in jail violated his right to due process.
Supreme Court announces pilot program allowing news broadcasts in select courts
The Indiana Supreme Court announced last week that members of the news media will be permitted to broadcast certain in-person proceedings in five Indiana trial courts through a new pilot project starting Dec. 1.