Articles

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.

Read More

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.

Read More

COA upholds adoption without mother’s consent

In a case a judge said represents “how substance abuse is savaging the familial bonds within Indiana and around the country,” the Indiana Court of Appeals upheld the adoption of a southern Indiana child without the mother’s consent after finding the mother’s substance abuse made her unfit.

Read More

COA affirms reversal of juvenile firearm adjudication

The Indiana Court of Appeals has upheld its decision to dismiss a firearm-related adjudication against a juvenile after granting the state’s petition for rehearing to address what the court called a fundamental misunderstanding of its original decision.

Read More

Religious camp loses appeal against Rush County CAFO

A Rush County religious camp has lost its appeal of the grant of a confined animal feeding operation to a local farm after the Indiana Court of Appeals found the Rush County Board of Zoning Appeals did not err in approving the CAFO.

Read More

COA affirms escape conviction in home detention case

A person’s home is considered a “place of lawful detention” if the person has been sentenced to home detention, the Indiana Court of Appeals ruled Thursday in a decision that upheld a woman’s felony escape conviction.

Read More

Divided COA again allows sentence modification in fixed-sentence agreement

A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.

Read More

Divided COA upholds absentee juvenile delinquent adjudications

A divided panel of the Indiana Court of Appeals has upheld additional delinquency adjudications and findings of probation violations against a Lawrence County teen after determining the teen was in procedural default when he failed to appear for his fact-finding hearings. Chief Judge Nancy Vaidik, however, dissented on statutory grounds.

Read More