Reversal tosses Kokomo officer’s stalking protective order
A Kokomo police officer lost her protective order against a man she alleged was stalking her after the Indiana Court of Appeals found there was insufficient evidence to support the claims.
Indiana Court of Appeals
Articles
Split justices uphold ruling for insurer in truck crash that killed 3
Justices of the Indiana Supreme Court decided in a 3-2 vote last week to let stand a ruling that an insurance company owes no duty to victims of a truck crash in which the driver knowingly operated the vehicle with faulty brakes.
Man’s 33-year sentence, admission of heroin evidence upheld
A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.
Reversal: Children placed in father’s care weren’t CHINS
Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.
COA: ‘pleasant’ drug defendant was properly Mirandized
A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.
COA: Mom owes no college funds after child’s repudiation
A mother whose infidelity led to divorce and what a trial court called a “deep, seemingly bottomless rift between the children and Mother” owes a daughter no support with college expenses because the child repudiated their relationship.
Public Defender Commission seeks funds for misdemeanors, appellate office
Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.
COA: Hardware store had no duty to shocked customer
A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.
Son’s convictions for murdering parents upheld
A Lake County man convicted of murdering his parents failed to convince the Indiana Court of Appeals that a search of his family’s home was unconstitutional, thus allowing his murder convictions to stand.
COA: No double jeopardy violations in fatal flight from police
A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.
COA affirms order of extra payments to ex for unsold homes
A man must pay his ex-wife an extra $115,200 in monthly payments after he decided not to sell marital property as had been contemplated in their divorce settlement agreement, the Indiana Court of Appeals ruled Thursday, affirming a trial court order.
Ambiguous weight limit statute leads to infraction reversal
The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.
Split COA relieves defendant from default despite inexcusable neglect
The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.
COA reinstates Hammond zoning suit against landlord
The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.
COA: Expungement petitioners can’t cross-examine victims
Expungement petitioners do not have the right to cross-examine the victims of their crimes who submit victim impact statements, the Indiana Court of Appeals ruled in a Tuesday decision upholding the denial of a Marion County expungement petition.
Justices to hear ‘piecemeal’ CHINS litigation, auto part supply cases
Indiana Supreme Court justices will hear oral argument in two cases this week, including a dispute over “piecemeal” litigation in a children in need of services case and an auto assembly supply dispute coming before the court on petition to transfer.
Reversal: CHINS adjudication unsupported by future safety concerns
The Indiana Court of Appeals reversed the adjudication of a baby found to be a child in need of services after finding that the Department of Child Services failed to prove the parents’ mental health issues seriously endangered the baby.
Justices agree to hear Rainbow Realty rent-to-own dispute
The Indiana Supreme Court granted transfer to two cases last week, including a rent-to-own contract dispute that Indiana Legal Services claims could adversely impact Hoosier tenants across the state if not reviewed by the high court.
Indiana Court Decisions — Jan. 3-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Rush stresses ‘customer service’ during 2019 State of the Judiciary
With a theme of “Addressing the Needs of our Customers,” Indiana courts plan to emphasize quality customer service in 2019, Chief Justice Loretta Rush said in her State of the Judiciary address.