Justices consider taking case involving death of baby
The Indiana Supreme Court heard argument Thursday morning in a case involving the death of a baby, hearing testimony as to whether the baby’s father claimed the child died accidentally.
Indiana Court of Appeals
Articles
COA denies sentence modification to parolee
A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.
COA: Lake County court overstepped in awarding fees in Illinois case
A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.
Murder conviction after drug deal gone wrong stands
The Indiana Court of Appeals affirmed a man’s conviction of two counts of murder despite his arguments that one of the deaths was unforeseeable at the time of the drug-deal gone wrong in South Bend.
Appeals court remands Hamilton Southeastern rate case to IURC
A Hamilton County sewer utility rate increase case that went all the way to the Indiana Supreme Court is going back to the state agency where it originated after an Indiana Court of Appeals ruling Wednesday.
Appellate courts seek extra $1M for legal aid, technology
Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.
COA affirms dismissal of annexation fiscal plan challenge
The Indiana Court of Appeals affirmed the dismissal of a Dayton resident’s complaint for declaratory judgment against the town when it found meritless her assertions that a fiscal plan for a proposed annexation was “inadequate.”
Pat down search at overdose scene not improper, COA says
The Indiana Court of Appeals affirmed a man’s conviction and sentence for dealing in a narcotic drug after it concluded his Fourth Amendments rights were not violated, nor was his sentence inappropriate.
COA to hear post-conviction, attempted murder cases
The Indiana Court of Appeals will hear arguments this week in a murder case and on two post-conviction petitions.
Drug convictions tossed over suspicionless search
Although caught by Tippecanoe County Community Corrections with his ex-wife in the attic and drugs in the basement, a man had his convictions overturned after the Indiana Court of Appeals determined his consent to warrantless searches did not include suspicionless searches.
COA affirms possession of tossed firearm by felon
A man convicted of unlawful possession of a firearm by a serious violent felon after he allegedly tossed a pistol from his car during a police stop failed to convince the Indiana Court of Appeals that the evidence against him was insufficient.
Reversal: Appeals court tosses admission of OWI breath test
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
COA orders judgment for insurer after fatal shooting
An insurance company is under no obligation to defend or indemnify a southern Indiana father whose son shot and killed a man on their property, the Indiana Court of Appeals ruled, reversing a trial court order denying summary judgment for the insurer.
‘Reasonable diligence’ required estate to inquire into medical malpractice
Finding that it was not necessary to pinpoint the trigger date for when the clock began running on the statute of limitations in a medical malpractice case, the Indiana Court of Appeals reversed the denial of summary judgment against a physician, medial practice and hospital.
Conviction vacated for man who opened fire over iPad
A man who opened fire in a busy Indianapolis intersection after he claimed he was trying to make a citizen’s arrest of a suspected iPad thief was improperly convicted of one of two charges that may have constituted double jeopardy, the Indiana Court of Appeals ruled Wednesday.
Justices deny transfer in 29 cases, split over 3
The Indiana Supreme Court denied transfer in 29 cases it reviewed last week, but split on whether to hear three of those cases.
Business executive appointed to Judicial Nominating Commission
Indiana Innovation Institute executive vice president of strategy, partnerships and outreach Julie Griffith of Carmel has been appointed as the newest member to the Indiana Judicial Nominating Commission.
Indiana Court decisions – Nov. 8-19, 2018
Read Indiana appellate court decisions from the most recent reporting period.
2018 DTCI Amicus Activity: Summary of key cases
This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Although DTCI is unable to become involved in every case in which its participation is requested, the Amicus Committee and the Board of Directors carefully consider each request and welcome the chance to work with defense counsel across the state on important issues of Indiana law before Indiana’s appellate courts.
Sua sponte review by COA leads to conviction reversal
A man convicted of trying to steal a catalytic converter got his misdemeanor overturned after the Indiana Court of Appeals reviewed the matter, sua sponte, and ruled the same evidence was the fuel for two convictions.