CHINS adjudication affirmed for bruised infant
The Indiana Court of Appeals has affirmed the CHINS adjudication of an infant who was bruised by suspected physical abuse less than a week after his birth, denying his parents’ appeal of the order.
Indiana Court of Appeals
Articles
Split COA affirms adoption without father’s consent
A divided Indiana Court of Appeals has affirmed a Morgan County adoption decree over a father’s objections, finding his consent was irrevocably implied due to his failure to appear at a final hearing.
Indiana landlord seeks Supreme Court’s help in land dispute
A northwestern Indiana landlord wants the U.S. Supreme Court to wade into his dispute with the city of Hammond and overturn a city order directing him to remove five apartments that he’s leased to tenants in what was once a single-family home. Jose Andrade, who argues that Hammond’s order violates his constitutional rights, has filed a petition for review with the nation’s highest court.
COA to hear appeal of murder charge against man who injected drugs into wife
A man accused of murdering his wife when he injected her with strong opioids will make his case before the Indiana Court of Appeals next week, when he’ll argue that the trial court erred in considering his act to be drug dealing.
County council not in contempt for halted funding of war memorial, COA says
A Logansport World War I memorial home dedicated in 1922 was the cause for consternation in 2018 between a concerned citizen and local government officials as the home fell into disrepair. In resolving the dispute, the Indiana Court of Appeals ruled partially for both parties.
Reversal: Man can’t build concrete seawall on lake property
A man’s permission to build a concrete wall on his northern Indiana lakefront property has been halted now that the Indiana Court of Appeals has reversed a trial court’s reversal of his denied application.
Judgment against car dealership upheld for customer in fraudulent sale
A Fort Wayne car dealership lost its appeal of a small-claims case against a woman who won a judgment arguing the dealership fraudulently sold her a car and forged her signature on transaction documents related to the sale.
Judgment for spouse affirmed in military pension benefits appeal
A military veteran ordered to pay his ex-wife lost pension benefits after he opted to receive combat-related service compensation has lost his appeal of a partial denial of his motion to vacate judgment.
Denial of last-minute public defender request upheld
A man who was convicted of domestic battery after being denied his request for a public defender has failed to convince the Indiana Court of Appeals that his 11th-hour request for counsel should have been granted.
Prosecutorial misconduct claim rejected in meth conviction
A woman’s conviction for dealing meth were upheld after the Indiana Court of Appeals found no issue with comments made by the Franklin County prosecutor in response to allegations of forum shopping raised by defense counsel.
Prisoner’s puzzling pro se appeal again leads to dismissal
Deficiencies in a pro se prisoner’s appellate filings have once again prevented the Indiana Court of Appeals from considering the man’s argument against an unfavorable trial court judgment.
Appeals court rejects sexually violent predator’s habeas petition
A man convicted of repeated child sex offenses must continue to register as a sexually violent predator, the Indiana Court of Appeals ruled Wednesday, rejecting his habeas corpus petition that asserted he was being subjected to unlawful lifetime parole.
Lack of counsel for father overturns adoption decree
The Indiana Court of Appeals reversed an adoption order Tuesday, finding the child’s biological father was denied due process when the trial court failed to give him notice of his right to be represented by counsel.
Tax sale for which landowner wasn’t given notice reversed
The LaPorte County auditor’s failure to check records that would have revealed the actual address of a Michigan City property owner whose land was sold without notice for back taxes was a denial of constitutional due process, the Indiana Court of Appeals ruled Tuesday. The appeals court reinstated the landowner’s challenge to the tax sale results and remanded the case.
Text reading ‘u DONT have to testify’ properly admitted, COA rules
A man convicted of battery resulting in bodily injury and invasion of privacy after he assaulted a woman failed to convince the Indiana Court of Appeals that an incriminating text he sent the victim was improperly admitted.
Conviction affirmed for driver who stalked woman almost 70 miles
A man who followed a woman by car from Valparaiso to Warsaw has lost an appeal of his conviction and sentence for stalking. The Indiana Court of Appeals rejected his right-to-travel jury instruction arguments as well as his challenge to the evidence against him.
COA affirms wrongful death rulings against cystic fibrosis patient
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
COA upholds admitting meth found in Bedford Taco Bell
A man convicted of possessing several grams of meth has lost his appeal to suppress evidence found at his fast food workplace after an anonymous caller alerted authorities. But a concurring judge used the case to “state the obvious” and remind Hoosiers of their right not to talk to police in similar circumstances.
COA hears free speech Facebook post case involving police threats
Arguments concerning a mother’s free speech rights on Facebook after she was convicted for harassing a police officer opened discussion about the uncharted waters of social media in court before an Indiana appeals court Wednesday.
Appeals court rules DACA resident understood immigration risks
An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.