Appeals on Wheels: COA heads south to hear arguments
The Indiana Court of Appeals will travel south next week to hear oral arguments in two cases involving convictions following the seizure of drugs and guns.
Indiana Court of Appeals
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COA slams courts, DCS for violating parents’ due process
The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.
Reversal: Special PCR judge had authority to modify sentence
The Indiana Court of Appeals reversed a post-conviction court’s ruling after it found a special judge erred when he granted his own motion to correct error based on his belief he did not have the authority to accept an agreement between the defendant and the state.
Judges to mark Constitution Day with school visits this month
Judges across Indiana will mark the 231st anniversary of the signing of the United States Constitution on Sept. 17 by visiting schools and sharing with students the importance of the nation’s founding legal document.
COA rejects father’s child support challenge
A Marion County father has lost his appeal of a trial court’s child support order, failing to convince the Indiana Court of Appeals that he should have been credited for make-up parenting time he was exercising after his ex-wife began prohibiting him from seeing their child.
Justices agree to hear jury instruction, non-compete cases
The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.
Indiana Court Decisions — Aug. 16-28, 2018
Read Indiana appellate court decisions from the last reporting period.
Smartphone privacy ruling tests how technology affects rights
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Injunction upheld in auto assembly parts supply dispute
The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.
COA reverses CHINS adjudications
Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.
COA affirms med-mal suit venue is Monroe, not Marion County
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.
Dry cleaning machine maker not liable in environmental claim
The maker of 1960s-era coin-operated dry cleaning machines cannot be held liable for decades-old environmental contamination found at the site of a one-time southside Indianapolis laundromat, the Indiana Court of Appeals ruled Tuesday.
COA reverses, rules for PI attorney in subrogation dispute
The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.
Justices clarify definition of sexual misconduct with a child
The Indiana Supreme Court found the “slightest penetration of the sex organ” was sufficient to affirm the conviction of a man of four counts of child molestation and eight counts of sexual misconduct with a minor. Justices offered guidance on what constitutes “other sexual misconduct” in affirming a man’s Level 1 felony child molestation conviction.
COA reverses regular commitment for lack of evidence
The Indiana Court of Appeals reversed and remanded a trial court’s decision to order a mentally ill woman to regular commitment at Indiana University Health Bloomington Hospital, finding there was not clear and convincing evidence to prove commitment was necessary.
Long-running IBM suit against state back before COA
The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.
Artist donates truth-inspired sculpture to COA
A new reminder of truth hangs permanently in the Indiana Court of Appeals office, after Broad Ripple artist Biagio Azzarelli donated his contemporary sculpture entitled “The Truth” to the appellate court on Wednesday.
Sex offender’s rights not violated by registration extension
An Allen County sex offender’s constitutional rights were not violated when the period of time he was required to register as a sex offender was extended after a legislative amendment enacted after he was convicted of the sex crime, the Indiana Court of Appeals ruled Wednesday.
Default custody judgment against Florida mom reversed
A Florida mother can continue with an Indiana custody dispute with the father of her teenage daughter after the Indiana Court of Appeals reversed a default judgment against her. Chief Judge Nancy Vaidik used the opinion to caution trial courts against issuing default judgments in custody cases where a parent shows good cause for a continuance.
COA: Sex offender registration is mandatory collateral consequence
Despite arguing his guilty plea did not include a sex offense, a Steuben County man will have to remain on the state’s sex offender registry after the Indiana Court of Appeals found registering was a collateral consequence for his conviction.