Transfer granted in case involving solicitation agreements
The Indiana Supreme Court will hear oral arguments in a case involving a noncompete and solicitation agreement ruled to be overly broad.
Indiana Court of Appeals
Articles
Res judicata clarification allows CHINS finding to stand
In granting a petition on rehearing, the Indiana Court of Appeals reversed its earlier ruling and allowed the Department of Child Services to move forward with a new child in need of services petition even though the filing relied on allegations made in a previous CHINS petition that had been overturned.
COA affirms IMPD shooting conviction, splits attempted murder counts
The Indiana Court of Appeals has affirmed a man’s conviction for shooting up two Indianapolis Metropolitan Police Department buildings, but reversed the merger of his two attempted murder convictions into one count.
Reversal: Man who injected wife with drugs can’t be charged with felony murder
A man alleged to have killed his wife after she died from a narcotic drug injection he administered cannot be charged with felony murder, the Indiana Court of Appeals ruled Thursday.
COA orders sewer dispute to be ‘plunged’ from docket
The Indiana Court of Appeals urged litigants to “move on in good faith” from a case that is a “waste of everyone’s resources” as it handed down its second decision in a nearly 20-year sewer dispute between a northern Indiana town and a local real estate owner.
Divided COA voids casino tax-sharing agreement
A city and county’s agreement to share tax revenue from a southeastern Indiana riverboat casino is void, an Indiana Court of Appeals majority ruled, but a dissenting judge held that the agreement should continue.
COA: 100-year sentence for juvenile not a constitutional violation
A DeKalb County man who as a juvenile pleaded guilty to two murders and was sent to prison for an aggregate 100 years was denied post-conviction relief after the Indiana Court of Appeals found his sentence did not violate constitutional protections against cruel and unusual punishment because he will be eligible for parole in 2040.
COA reinstates car seller’s defamation, breach suit
An auto financing company took a hit after the Indiana Court of Appeals reinstated a car dealer’s breach of contract and defamation complaints in a dispute over vehicles purchased at auction.
Improper redemption notice divides COA in tax deed case
A divided Indiana Court of Appeals affirmed that the inclusion of an overbid in a tax-sale purchased home’s redemption amount was misleading, but the majority still ultimately offered a second chance for a proper notice to be sent.
Reversal: COA awards Muncie attorney fees for unpaid legal services
A Muncie attorney is set to receive payment owed him by a former municipal client after the Indiana Court of Appeals reversed and remanded a decision that denied his counterclaim for final payment and subjected him to attorney fees.
Mom’s Facebook harassment conviction splits appellate panel
A mother who made threatening social media posts toward a police officer after her son’s death has lost an appeal of her harassment conviction. The Indiana Court of Appeals divided on the sufficiency of evidence supporting her conviction, while a dissenting judge also declared the state’s harassment law “unconstitutionally overbroad and facially invalid because it is susceptible of prohibiting protected expression.”
COA upholds $80K judgment for pastor who wasn’t paid
An Indianapolis church must pay its former pastor $80,000 after the Indiana Court of Appeals upheld the enforcement a judgment stemming from the church’s failure to pay the clergyman his regular salary.
Muncie attorney gets 180-day suspension
A Muncie attorney previously convicted of drunken driving charges has been suspended from the practice of law for 180 days without automatic reinstatement for his professional misconduct, including his failure to reimburse lienholders, obtain consent from clients with conflicts of interest and give notice of his felony conviction.
COA affirms sex offender’s sentence
An Indiana Court of Appeals panel has affirmed a sex offender’s seven-year sentence despite his assertions that the sentence was inappropriate, despite a finding that a trial court improperly used the offender’s risk assessment scores as an aggravating factor.
COA takes declaratory judgment case to Greensburg high school
An Indiana Court of Appeals panel is set to hit the road Friday to hear oral arguments in a case involving unpaid rent for a leased property used to house minimum security prisoners in Madison County.
COA cautions about sending fetal remains to jury deliberations
Arguments about whether aborted fetal remains from a child molesting case were improperly provided to a jury for consideration and stored in the jury room refrigerator during deliberations were settled by an appellate court Wednesday.
Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Appellate court reverses TPR for speculative incarceration
A Vigo County father’s parental rights must be restored, the Indiana Court of Appeals has ruled, finding evidence that he might be incarcerated for several years insufficient to support a termination order.
Judgment reversed for woman who posted bond, then fatally shot defendant
A dispute over who should receive bond money paid on behalf of a now-deceased defendant will proceed in court after the Indiana Court of Appeals reversed summary judgment for the woman who posted the bond then fatally shot the man.
Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.