COA to hear denied mistrial, attempted murder arguments in Lake, Wayne counties
The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.
Indiana Court of Appeals
Articles
Despite counsel’s error, defendant not entitled to relief, COA says
Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.
COA credits defendant for time held prior to posting bond
The Indiana Court of Appeals reversed a trial court and gave a Tippecanoe County man one day of credit, finding the rule of lenity required it to interpret the ambiguous sentencing statute in the defendant’s favor.
Reversal: Pre-trial home detainees entitled to credit time
A man previously denied earned credit time against his sentence received good news Friday when an appellate court reversed, finding he was wrongly denied his request. The court held pre-trial home detainees entitled to accrued time credit.
‘Vigilante’ who killed 2 trying to ‘clean up drug problem’ loses appeal
A man who murdered two people in a victim’s home after telling police he wanted to help “clean up the drug problem” in a southern Indiana county got no relief from his convictions or 121-year prison sentence on appeal Friday.
Bank’s arbitration award reversed for abuse of discretion
A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.
Opponents of proposed Carmel mosque lose zoning appeal
The Carmel zoning board’s approval of the construction of an Islamic community center was affirmed Tuesday as an appeals court determined opponents of the planned mosque failed to timely file the board’s record.
Man wins right for jury trial to fight traffic ticket
The Indiana Court of Appeals reversed the denial of a man’s demand for a jury trial in his trial de novo after he was found guilty in a city court bench trial. The panel found he did not waive that right by formerly submitting to the bench trial.
Logging injunction near Lake Monroe splits Court of Appeals
A trial court’s injunction halting logging on land on Lake Monroe south of Bloomington was reversed Monday by a split panel of the Indiana Court of Appeals. A dissenting judge, however, would have upheld the injunction and called the majority’s recommendation that the case be referred for mediation “imprudent.”
Divided COA reverses custody change based on relocation
The issue of whether a mother’s relocation could by itself warrant a change in joint custody divided the Indiana Court of Appeals on Monday, which reversed a trial court’s decision to award sole legal custody to the father who was remaining in the Indianapolis area.
Reversal: Trial court erred in rescinding settlement
The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.
COA reinstates nurse’s negligence claim against hospital
A woman suing a hospital for negligence after falling on property it owned successfully won over an appellate panel that found the hospital failed to designate sufficient evidence to affirmatively negate her claims.
Man loses appeal to disinter relative from family plot
A man who claims his cousin’s ex-wife was wrongfully buried in a family plot in a northern Indiana cemetery lost his appeal of a trial court decision to let the woman continue to rest in peace.
Judgment against casino as discovery sanction affirmed
Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.
COA to travel for three arguments next week
Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.
Easement allows surrounding properties access, COA rules
The Indiana Court of Appeals affirmed a trial court order determining that a mulch business could have access to an easement owned by a neighboring property, finding that the easement was for the benefit of all surrounding properties.
Appeals court allows class action against Mishawaka car dealer to continue
A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.
Ex-husband’s due process rights not violated by invasion of privacy statute
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
COA upholds TPR ruling after parents’ continued substance abuse
Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.
Justices grant transfer in 2 cases, deny legal malpractice case
The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.