Speedway immune from lawsuit filed after police dog bit delivery driver
The town of Speedway is immune from a lawsuit filed by a delivery driver who was bitten by a town K-9 officer, the Court of Appeals of Indiana has affirmed.
Indiana Court of Appeals
Articles
COA reverses drug convictions because arresting officer wasn’t in ‘distinctive’ uniform
The Court of Appeals of Indiana has ordered the reversal of a man’s drug-related convictions after determining that the officer who arrested him was not wearing a “distinctive” uniform, making the underlying traffic stop invalid.
Carmel company not entitled to compensation for closed access in eminent domain dispute, COA rules in reversal
A company that owns a car dealership in Carmel isn’t entitled to compensation for the closure of access on a road that’s part of an eminent domain action, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Couple violated Senior Consumer Protection Act in gaining control of property, COA affirms
A couple violated the Indiana Senior Consumer Protection Act by gaining control of a family member’s property with threats of being sent to a nursing home, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
COA affirms in part, reverses in part, enters summary judgment in favor of husband in divorce case
A husband was entitled to summary judgment on whether cryptocurrencies owned through he and his wife’s company were subject to division in a property settlement agreement, the Court of Appeals of Indiana ruled Friday in reversing a trial court’s decision.
Man’s federal conviction for sex crimes doesn’t bar Indiana from prosecuting him on state charges, COA affirms
Indiana’s double jeopardy statute does not bar the state from prosecuting a man already convicted in federal court of sexual misconduct with a minor in a Hammond hotel, the Court of Appeals of Indiana affirmed Friday.
Warrantless vehicle search that produced loaded firearm did not violate man’s constitutional rights, COA affirms
A warrantless search of a man’s vehicle that resulted in police discovering a loaded firearm was constitutional, the Court of Appeals of Indiana ruled Thursday in affirming a trial court’s decision.
Trial court wasn’t required to accept man’s ‘all-or-nothing’ jury instruction strategy, COA affirms
A trial court didn’t err in giving a lesser included aggravated battery jury instruction in the case of a man charged with attempted murder, the Court of Appeals of Indiana has ruled.
Evicted renter has no legal right to challenge quiet title complaint filed by new property owner, COA affirms
A longtime tenant at an Indianapolis rental property had no right to take action against a new property owner’s quiet title default judgment, the Court of Appeals of Indiana ruled Thursday in affirming a trial court’s decision.
Excluding, redacting portions of journal not inappropriate in sexual battery case, COA affirms
A trial court did not err in excluding and redacting portions of a journal from a college student in a case involving another student who was charged with sexual battery, the Court of Appeals of Indiana has ruled.
2 aggravated battery convictions related to judges’ 2019 shooting overturned, but defendant’s self-defense, fundamental error claims rejected on appeal
The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld.
Man loses appeal of murder conviction in shooting death of Southport Police Lt. Allan
The man convicted of killing Southport Police Lt. Aaron Allan has lost his arguments on appeal that due process violations and insufficient evidence undercut his murder conviction.
COA overturns dangerous possession delinquency adjudication on double jeopardy grounds; panel disagrees on Wadle analysis
A dangerous-possession-of-a-firearm delinquency adjudication has been overturned on double jeopardy grounds, but the Court of Appeals of Indiana also upheld the juvenile’s criminal recklessness adjudication.
IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance
A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.
‘We all like certainty’: Attorneys want more clarity on appeal waivers
A series of cases and decisions in Indiana’s appellate courts have left some defense attorneys and at least one judge hoping for more clarity on what rights to appeal a defendant retains after they’ve agreed to a plea deal.
Indiana Court Decisions: Oct. 5-18, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Termination of mother’s rights reversed for insufficient service
Orders terminating a mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services didn’t properly serve the mother, the Court of Appeals of Indiana has ruled.
COA again declines to order recusal of Elkhart Co. judge in post-conviction proceedings
The Court of Appeals of Indiana has once again declined to order an Elkhart County judge to recuse herself from a post-conviction case based on allegations of prejudice stemming from previous wrongful-conviction proceedings.
Questions over company’s duty to warn firefighter leads to COA reversal of summary judgment
There were genuine issues of material fact concerning a Fort Wayne firefighter’s complaint against an electric scooter company for failing to warn him about a gap in a wall, the Court of Appeals of Indiana ruled Monday.
COA affirms man’s murder, attempted murder convictions, finds no reversible error committed in admitting exhibits over hearsay objections
Text messages and rap lyrics introduced over a man’s hearsay objections were admissible and there was sufficient evidence for his murder and attempted murder convictions and 143-year aggregate sentence, the Court of Appeals of Indiana ruled Monday.