COA reinstates Madison City Council rezoning denial
A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.
Indiana Court of Appeals
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COA finds no Brady violation in burglary case
The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.
COA affirms denial of motion to suppress after prolonged traffic stop
An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.
Man’s companion entitled to compensation for services, COA rules
An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.
COA reverses forfeiture against drug offender
The state must return funds seized from a man convicted of possession of marijuana after the Indiana Court of Appeals found no proof linking the cash to any drug crimes.
Appeal: Commercial court, without notice, idled worker
One of the first appeals from an Indiana Commercial Court alleges the specialized docket touted as a speedier, more efficient means of resolving complex business disputes operated in secret to keep a glass-industry engineer out of a job in his profession for a year.
COA affirms 65-year sentence for man who killed officer
The Dearborn Circuit Court did not err in imposing a 65-year sentence on a man convicted of felony murder after he shot and killed a deputy sheriff in the line of duty, the Indiana Court of Appeals held Tuesday.
COA orders landowner to comply with local ordinances
In the third appellate iteration of a case stemming from violations of Indianapolis environmental ordinances, the Indiana Court of Appeals has found a property owner allowed its tenant to violate the ordinances and ordered the owner to bring the property into compliance.
COA to hear oral arguments in Bloomington this week
The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.
COA to hear legal malpractice appeal
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
Appeals court vacates multiple domestic violence convictions
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
COA affirms $2.13M award against trucking firm in crash
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
COA: Expert should have testified about personal medical practices
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
New Jersey man to get attorney fees, interest in failed real estate deal
After affirming the denial of summary judgment to northern Indiana landowners who misrepresented a property zoning to a potential buyer, the Indiana Court of Appeals also reversed the denial of attorney fees and prejudgment and post-judgment interest to the buyer.
COA reverses woman’s conviction for violation of protective order
A woman who sent an email to the board of elders of her former church did not violate the church pastor’s protective order against her because the email was intended for the elders, not the pastor, a divided Indiana Court of Appeals ruled Wednesday.
Appeals court affirms denial of workers’ comp benefits
A divided Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s decision to deny workers’ compensation benefits to a man after determining that his medical problems were not related to an on-the-job injury in 2010.
Charges dropped against wife in judge-threat case
The wife of an Indiana Court of Appeals judge is no longer facing criminal charges for allegedly making threats against the judge that she told police were made by their son-in-law.
COA corrects erroneous conclusion in footnote in post-conviction case
After granting rehearing to correct an error in a footnote of an earlier opinion, the Indiana Court of Appeals has affirmed its March decision to give a Franklin County man a second chance at post-conviction relief.
COA rejects self-defense claim against battery charge
A man who punched a racer at a southern Indiana racing track cannot claim self-defense to rebut his battery charge because the facts show that the man was the initial aggressor against the racer, the Indiana Court of Appeals held Friday.
COA recommends judge’s recusal in remand of motion to contest adoption
In a 41-page opinion handed down Thursday, the Indiana Court of Appeals reversed the dismissal of a putative father’s motion to contest adoption, finding that the adoptive parents had caused delays in the court proceedings and also noting that the judge in the case should have recused himself to avoid the appearance of impropriety.