Robing ceremony for new COA Judge Felix set for Thursday
Judge Paul Felix, the newest judge on the Court of Appeals of Indiana, will have his robing ceremony at 2 p.m. Thursday in the Indiana Supreme Court courtroom at the Statehouse.
Indiana Court of Appeals
Articles
COA affirms post-conviction court’s denial of change of judge motion to man serving 48-year sentence
A post-conviction court displayed no bias or prejudice and did not clearly err when it denied a man’s change of judge motion, the Court of Appeals of Indiana affirmed Wednesday.
Inventory search of man’s truck that led to meth conviction was reasonable, COA affirms
An inventory search of a man’s truck that led to a possession of methamphetamine conviction didn’t violate his rights against unreasonable search and seizure, a split Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
COA cites doctrine of laches, affirms trial court’s award of summary judgment to bank
A bank’s request to dismiss a long-dormant civil lawsuit for failure to prosecute was untimely, but a trial court was correct in entering summary judgment for the bank based on the doctrine of laches, the Court of Appeals of Indiana affirmed Wednesday.
Man who was told he could leave scene before being searched wins reversal from COA
A man who was told he was free to leave the scene of a traffic stop before being searched convinced the Court of Appeals that his constitutional rights were violated, leading the court to order that his motion to suppress be granted.
‘Relatively minor’ juvenile offense didn’t warrant commitment in DOC, COA rules in reversal
A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.
COA upholds convictions, 40-year sentence for man convicted of robbing, beating 85-year-old woman
A man convicted of breaking into an elderly woman’s home and severely beating her could not convince the Court of Appeals of Indiana that his felony convictions or sentence should be overturned.
Taiwan damages claims fall outside insurance coverage territory limits, COA affirms
An insurance company is not contractually required to cover losses related to a class-action lawsuit filed in Taiwan, the Court of Appeals of Indiana affirmed Tuesday.
COA affirms trial court’s 4-year sentence for man who left scene of Hendricks County crash
There was sufficient evidence to support a man’s felony convictions and four-year aggregate prison sentence for obstruction of justice and leaving the scene of an April 2021 accident in Hendricks County, the Court of Appeals of Indiana affirmed.
COA affirms arson conviction, rejects mistrial, evidence arguments
A man convicted of setting fire to his sister’s property failed to convince the Court of Appeals of Indiana that the trial court erred in denying his request for a mistrial or in admitting “silent witness” evidence.
Jury instructions, probation conditions in child molestation case upheld at COA
A trial court did not violate a convicted child molester’s rights with its jury instructions or abuse its discretion by imposing probation conditions that limit the man’s contact with children, the Court of Appeals of Indiana affirmed Thursday.
Indiana Court Decisions: July 27-Aug. 9, 2023
Read the latest Indiana appellate court decisions from the most recent reporting period.
Insufficient evidence leads to COA reversal in Vincennes trespass case
A Vincennes police officer was not acting as an agent of a store when he asked a man to leave the store’s property and later arrested him, the Court of Appeals of Indiana ruled in reversing a trial court’s conviction on a misdemeanor trespassing charge.
IN Supreme Court appoints Hanlon to rules committee
The Indiana Supreme Court Committee on Rules of Practice and Procedure has appointed Owen Circuit Court Judge Kelsey B. Hanlon to replace Court of Appeals of Indiana Judge Paul Felix on the committee.
Breach-of-duty complaint against treatment center covered by Medical Malpractice Act, COA affirms
A complaint brought by a patient who accused a treatment facility of failing in its duty of care is covered by Indiana’s Medical Malpractice Act, the Court of Appeals of Indiana ruled in affirming a trial court’s grant of summary judgment for the facility.
Man’s argument that judge in PCR case will be biased falls short, COA affirms
A man whose motions to change the judge in his post-conviction relief case have been denied failed to demonstrate the judge would be biased against him, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Neighbor awarded summary judgment on nuisance claim entitled to attorney fees, COA rules
The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.
COA upholds admission of gun found on juvenile
A trial court did not err in admitting evidence seized as a result of a stop and pat-down of a juvenile, the Court of Appeals of Indiana has affirmed.
Fraud case against car dealership should have survived summary judgment, COA rules in reversal
A man who claims a dealership told him the engine in his truck was under warranty when it really wasn’t should be able to take his case before a jury, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment.
Federal judge dismisses most claims in lawsuit stemming from sewage leak
A federal judge has granted most of a property owners association’s motions for judgment and dismissed with prejudice multiple damage-related claims in a civil lawsuit stemming from a 2015 sewage leak caused by a faulty lift station.