COA: Plea deals can’t waive right to sentence modification
Offenders who enter into plea agreements cannot waive future sentence modification under the plain language of a reform passed in 2014, the Indiana Court of Appeals held Thursday.
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Justices affirm Evansville SWAT drug arrest that split COA
The Indiana Supreme Court on Wednesday unanimously affirmed drug convictions against an Evansville man who challenged a “military-style” SWAT team raid on his house that turned up cocaine, marijuana and prescription painkillers. The convictions previously were reversed in a divided opinion of the Indiana Court of Appeals that was vacated when justices granted transfer.
Court reverses ruling for city, finds for massage parlor landlord
A commercial landlord sued by the city of Indianapolis after his ex-tenant was accused of committing unlawful acts in an unlicensed massage parlor beat city hall Wednesday at the Indiana Court of Appeals.
Despite concerns, appeals court upholds finding claims against stepbrother barred
Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.
Statute of limitations squashes lawsuit against Vanderburgh County officials
A motorcyclist who sought damages for injuries he sustained while being detained in the Vanderburgh County Jail lost his appeal of his lawsuit, which the trial court tossed for not giving notice of the lawsuit before the statute of limitations expired.
COA rejects commercial court challenge, rules against worker
While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.
COA: Man cannot challenge ‘sexually violent predator’ designation
A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.
COA withdraws footnote, reaffirms order for state to return seized currency
The Indiana Court of Appeals has reaffirmed its decision ordering the state to return $30,000 in seized currency after granting rehearing Friday for the limited purpose of withdrawing a footnote.
7th Circuit: Insurance company had no duty to defend, indemnify bank
A Mississippi-based bank that was sued for charging excessive overdraft fees was not entitled to coverage under its insurance policy because the policy specifically excluded claims arising from fees or charges, the 7th Circuit Court of Appeals has ruled.
COA upholds child molesting conviction despite yearslong delay in bringing charges
The Indiana Court of Appeals has upheld a man’s felony conviction for molesting his ex-girlfriend’s daughter after determining the man failed to prove that an eight-year delay in the filing of the charges against him violated his due process rights.
COA: trial court skipped step in land dispute
In defusing a property battle among neighbors, the Indiana Court of Appeals has instructed the trial court to order a land survey that includes durable markers.
High court vacates portion of puppy mill opinion relating to subject matter jurisdiction
After granting transfer to clarify how a “clerical error” affected the citations in a June opinion from the Indiana Court of Appeals, the Indiana Supreme Court upheld the portion of that decision that relieved a former Indiana Attorney General’s Office attorney of a $15,000 judgment against him.
COA rejects town’s request to annex territory for possible property development
The Indiana Court of Appeals has ruled against a northern Indiana lakefront town seeking to annex roughly 2,800 acres for “potential” economic development, finding the town failed to prove the annexation was needed and could be used for development.
COA: Bank that sold property to itself entitled to summary judgment
A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”
Divided COA allows fraud claim against bank to proceed
A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.
Summary judgment to railroad company on citations complaint reversed
A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.
COA affirms $813,000 award in Clark County water dispute
A judgment in favor of a utility that had an agreement to supply water to another utility serving customers in Clark County was affirmed Tuesday by the Indiana Court of Appeals.
Court only corrects ‘immaterial’ errors in opinion on rehearing
After granting rehearing to an August opinion to correct “immaterial factual errors,” the Indiana Court of Appeals reaffirmed a decision that upheld allegedly defamatory statements made by an attorney were protected.
COA dismisses appeal of summary judgment to law firm on legal malpractice claim
After finding an order granting summary judgment to an Indianapolis law firm facing a legal malpractice claim was not a final order, the Indiana Court of Appeals dismissed an appeal challenging the summary judgment ruling.
2 of man’s convictions after botched robbery reduced due to double jeopardy violations
A man convicted on eight charges related to an attempted robbery will have his sentencing enhancement vacated and two of his convictions reduced after the Indiana Court of Appeals found multiple errors in the trial court’s handling of the case.