COA to hear denied public records request in case of woman’s death
The Indiana Court of Appeals will travel to Evansville on Monday to hear arguments in a case involving the denial of a man’s request for access to public records.
Indiana Court of Appeals
Articles
Complaint for repayment on promissory note time-barred, COA says
The Indiana Court of Appeals on Friday reversed in part a judgment in favor of man who filed for repayment on a defaulted promissory note, finding his complaint against the purchaser was filed after the statute of limitations passed.
Reversal: COA orders return of once-‘dangerous’ man’s 51 guns
After more than six years of being considered statutorily “dangerous” and unfit to possess firearms, a man whose 51 guns were taken from him by the state for his bizarre behavior will have them returned to his care.
COA upholds UIM benefits less than liability coverage
The Indiana Court of Appeals affirmed a grant of judgment to an insurance company despite a man’s contentions of error in allowing the policy’s coverage of underinsured motorist benefits to be less than its underlying liability coverage.
COA rules weapons search that revealed drugs constitutional
An Allen County drug possession trial will proceed with evidence obtained from a pat-down search after the Indiana Court of Appeals determined the search was constitutional.
COA reverses civil ruling for alleged drunken driver
The victim of an alleged drunken driving accident will have the opportunity to seek punitive damages after the Indiana Court of Appeals determined summary judgment for the allegedly drunken driver was not appropriate.
COA upholds trial court’s denial of motion to waive juvenile murder delinquent to adult court
The Indiana Court of Appeals declined to reverse a trial court’s decision not to waive a juvenile murder case to adult court after it concluded there was sufficient evidence to support the decision.
COA hears arguments in teacher defamation suit against Elkhart newspaper
An Indiana Court of Appeals panel was asked to consider whether a reporter’s use of the word “incompetent” to describe a former Elkhart teacher’s termination was defamatory language – and ultimately whether a newspaper had the right to publish a story using the contested word.
Indiana Court Decisions — March 13-27, 2019
Read Indiana appellate court opinions for the most recent reporting period.
CHINS adjudication reversed for mom who tested clean
A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.
COA takes criminal recklessness case to Munster H.S.
Questions of whether certain witnesses should have been excused from testifying in a criminal recklessness case for violating a separation of witnesses orders will be considered by a traveling appellate panel Thursday at Munster High School.
COA rejects argument that children adopted by unmarried uncle were ‘born out of wedlock’
The grandparents of two children adopted by their unmarried uncle do not have standing to seek visitation, the Indiana Court of Appeals wrote Friday in an opinion rejecting the argument that the children were “born out of wedlock.”
‘Pursuit of happiness’ marijuana case seeks Hoosier justices’ consideration
A case dealing with a man’s constitutional right to the pursuit of happiness in the form of a marijuana blunt is possibly headed to the state's highest court now that a petition to transfer has been filed.
COA: Statute of limitations for AG to act on SBOA report begins when verified report is filed
Claims made by the Indiana Attorney General’s Office against a former Jennings County bookkeeper accrued upon the office’s receipt of a final investigation report, not a preliminary report, the Indiana Court of Appeals affirmed Friday in a case of first impression.
COA: Med-mal dismissal affirmed for counsel’s untimely filings
A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.
COA affirms commitment for woman with suicidal ideations
An Indiana appellate panel affirmed the commitment and forced-medication order of a woman found to be a danger to herself, finding there was clear and convincing evidence to support both orders despite her contentions otherwise.
COA: Officer peeking in window acted as Girl Scout would
A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.