Articles

COA affirms conviction over jury lunchtime instruction challenge

If there are no intervening proceedings between the reading of preliminary instructions and a jury being excused for lunch, trial courts are not required to give admonishments required under Indiana Code Section 35-27-2-4(a) more than once, the Indiana Court of Appeals affirmed.

Read More

Logging injunction near Lake Monroe splits Court of Appeals

A trial court’s injunction halting logging on land on Lake Monroe south of Bloomington was reversed Monday by a split panel of the Indiana Court of Appeals. A dissenting judge, however, would have upheld the injunction and called the majority’s recommendation that the case be referred for mediation “imprudent.”

Read More

Divided COA reverses custody change based on relocation

The issue of whether a mother’s relocation could by itself warrant a change in joint custody divided the Indiana Court of Appeals on Monday, which reversed a trial court’s decision to award sole legal custody to the father who was remaining in the Indianapolis area.

Read More

Bar exam review commission opens meetings to public

A 14-member study commission appointed to review the Indiana Bar Exam in light of the ongoing decline in passage rates will hold a series of 10 monthly meetings, all open to the public, at the Indiana Statehouse beginning next week.

Read More

Robb leading national appellate chief judges’ council

As the former leader of the Indiana Court of Appeals, Judge Margret Robb knows what it takes to be the chief. Now, she’s sharing her experience with other judicial leaders as president of the Council of Chief Judges of the State Courts of Appeal.

Read More

Suit naming Vaidik, appellate clerk, DOC employees tossed

The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.

Read More

Indiana Supreme Court calls for review of bar exam

Amid slumping passage rates, the Indiana Supreme Court has created a special commission to review the state’s bar exam and make recommendations for changes in format or content, including whether to modify what is considered a passing score.

Read More

Habitual offender enhancement vacated for failure to inform

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

Read More

COA rejects father’s child support challenge

A Marion County father has lost his appeal of a trial court’s child support order, failing to convince the Indiana Court of Appeals that he should have been credited for make-up parenting time he was exercising after his ex-wife began prohibiting him from seeing their child.

Read More

Default custody judgment against Florida mom reversed

A Florida mother can continue with an Indiana custody dispute with the father of her teenage daughter after the Indiana Court of Appeals reversed a default judgment against her. Chief Judge Nancy Vaidik used the opinion to caution trial courts against issuing default judgments in custody cases where a parent shows good cause for a continuance.

Read More

COA: Accident affirmation in baby’s death upholds conviction

An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.

Read More