COA: Syringe offense not subject to felony enhancement
A felony enhancement against a Clinton County man convicted of possessing a syringe must be dismissed after the Indiana Court of Appeals found the man’s offense is not subject to an enhancement.
Indiana Court of Appeals
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Amended rules unveiled for Marion County Small Claims
The proposed amended rules for the Marion County Small Claims Courts have been publicly posted as part of the transition to becoming courts of record beginning July 1. Comments on the proposed rules will be accepted until June 29.
Court reverses NIPSCO industrial user rate increase
The Indiana Utility Regulatory Commission relied on the wrong metrics to calculate a rate increase passed on to large industrial users, the Indiana Court of Appeals ruled Thursday, reversing the rate hike.
COA rejects Proportionality Clause claim, affirms 35-year sentence
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.
Word ‘upon’ leads COA to toss obstructed-windshield conviction
A man’s infraction conviction for violating a windshield-obstruction law was thrown out Thursday by the Indiana Court of Appeals, which held that the plain meaning of the statute meant he couldn’t be convicted despite trash, clothes, food and other items piled from the floor to the ceiling of his vehicle.
Retiring COA Judge Barnes honored with celebration today
The Indiana Court of Appeals will honor retiring Judge Michael Barnes at a celebration Thursday afternoon, just one day before the judge will step down from the bench.
Vanderburgh County murderer loses PCR bid
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
COA reopens estate after improper probate closing
The St. Joseph Probate Court must reopen an estate that led to years-long litigation between two siblings after the court failed to follow proper statutory procedure when closing the estate, the Indiana Court of Appeals ruled Wednesday.
Justices vacate transfer of Henry County land dispute
The Indiana Supreme Court has vacated its decision to grant transfer to a case stemming from a Henry County land dispute less than one week after hearing oral argument. The decision lets stand a Court of Appeals ruling reversing the trial court.
Appellate court allows child molest negligence case to proceed against grandmother
A grandmother must face a negligence claim filed by her daughter and her granddaughter after the Indiana Court of Appeals found issues of fact as to whether the grandmother negligently allowed her grandchild to be molested by her husband, who she knew had a previous child molesting conviction.
COA: 25-year delay doesn’t make motion for relief untimely
Despite a 25-year delay between an original summary judgment ruling and the subsequent grant of a motion for relief from that judgment, the Indiana Court of Appeals has upheld a trial court’s finding that the 2015 motion for relief from the 1990 judgment was not untimely.
COA allows negligence case against Steak ‘n Shake to proceed
A negligence case against an Indiana Steak ‘n Shake restaurant will proceed to trial after the Indiana Court of Appeals determined the restaurant owed a duty to protect one of its patrons from a third-party injury, making summary judgment inappropriate.
Indiana Court Decisions — May 10-22, 2018
Read Indiana appellate decisions from the most recent reporting period.
Retiring Barnes reflects on time as prosecutor, judge as 3 COA finalists selected
Court of Appeals Judge Michael Barnes’ career has taken him down multiple paths — including 27 years with the St. Joseph County Prosecutor’s Office, 1½ years with Barnes & Thornburg and 18 years on the bench — and each experience exposed him to new facets of the law.
JNC files report on COA finalists to Holcomb
Indiana Gov. Eric Holcomb now has 60 days to select Indiana’s next Court of Appeals judge after the Indiana Judicial Nominating Commission officially submitted the names of its three finalists on Friday.
COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Trial court ‘clearly erred’ in granting adoption petition
A Hamilton County judge’s ruling that a father’s consent was not required for a stepfather to adopt his child was clearly erroneous, the Indiana Court of Appeals ruled Friday, reversing the adoption.
Appeals court orders further proceedings in lake-use flap
A dispute over shoreline rights between a property owner and the association that controls access to part of Lake Freeman in Carroll County will go back to the trial court after the Indiana Court of Appeals granted the property partial relief.
COA upholds suspension of Gibson County doctor’s license
A Gibson County doctor who violated multiple federal regulations when he impermissibly prescribed prescription narcotics to his girlfriend and other patients has lost his appeal to reinstate his Indiana medical license. The Indiana Court of Appeals found evidence supported his suspension.
Firm can pursue damages in competitor’s recruitment of workers
An Indianapolis-based civil engineering firm will have the opportunity to defend its demand for liquidated damages from three employees who allegedly violated non-recruitment agreements after the Indiana Court of Appeals reversed summary judgment for the firm’s competitor. The court also upheld the denial of summary judgment to the competitor on two additional claims stemming from its alleged impermissible recruitment of employees.