Justices to hear attempted murder, UIM recovery appeals
Indiana Supreme Court justices granted transfer in two cases last week concerning attempted murder and uninsured motorist coverage recovery, rejecting 25 other cases.
Indiana Court of Appeals
Articles
COA: Parents have no say in child’s adoption placement after TPR
A mother and father whose parental rights were terminated did not persuade the Indiana Court of Appeals to reverse the termination because they were deprived of the right to determine their child’s adoptive placement.
COA reinstates petition to get off sex offender registry
A man’s petition to remove his name from the Indiana Sex Offender Registry was reinstated Friday when an appellate panel concluded that the trial court that dismissed the petition had jurisdiction to consider it.
COA reverses termination of mother’s parental rights
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
Juvenile molestation finding reversed over faulty rights waiver
The Indiana Court of Appeals on Thursday reversed a 12-year-old boy’s delinquency adjudication for what would be Level 4 felony child molestation, finding he lacked maturity to knowingly and voluntarily waive his rights and that evidence of a police interrogation should not have been admitted.
Double jeopardy found in gun convictions, but sentence affirmed
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
COA finds misconduct in insurer’s crash claim defense
A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims.
Web Exclusive: Expungement wait period case awaits justices
After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.
Baker announces retirement from Indiana Court of Appeals
Indiana’s longest-serving judge and a 30-year veteran of the Indiana Court of Appeals, Judge John G. Baker will retire this summer, the COA announced in a news release Tuesday afternoon.
COA upholds Indiana jurisdiction in dispute involving German manufacturer
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
Justices to hear arguments in blood draw suppression case
The Indiana Supreme Court will consider this week whether to grant transfer to a wrong-way-driver case focused on a post-accident blood draw.
Split COA reaffirms original decision for lawyers in dispute over tax sale proceeds
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
Miami County seeks to overturn dam repairs ruling
A northern Indiana county is seeking to overturn a court ruling that puts it on the hook for costly repairs to six aging dams in a lake-filled subdivision. Miami County is challenging a Marion County judge’s August ruling which found that the Indiana Department of Natural Resources had the authority to require property owners and Miami County to fix the dams at the Hidden Hills subdivision.
COA affirms for foundation company in warranty dispute
A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.
Man’s conviction in Indianapolis CVS theft upheld
The Indiana Court of Appeals has affirmed a man’s theft conviction, finding testimony about what a law enforcement officer saw on a CVS pharmacy’s security footage did not violate the best evidence rule.
Kroger loses summary judgment appeal in slip-and-fall case
The Indiana Court of Appeals has affirmed the denial of a Kroger store’s request for summary judgment against a woman who sued it for negligence after she injured herself in a slip-and-fall accident.
Judge advocates for competency evaluations upon arrest in post-conviction appeal
An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.
$156K in damages against business, lawyer in bad-faith litigation upheld
A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.
Bogus $50 bill’s pot purchase can’t snuff out counterfeiting conviction
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.
COA affirms for grandchildren in trust property distribution dispute
The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.