COA panel takes oral arguments to Notre Dame
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
Indiana Court of Appeals
Articles
COA considers jury trial in State Fair stage collapse suit against ESG Security
Five years after severe weather brought the stage of the Indiana State Fair grandstand to the ground, killing seven people and injuring dozens of others, the final defendant in the ensuing litigation is asking that summary judgment in its favor be upheld.
COA: Mentally disabled man belongs in work release, not prison
A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were mitigating factors in his sentencing.
COA: Police lawfully entered home; battery conviction upheld
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
COA awards custody to father, orders assets redivided
After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.
COA affirms woman’s involuntary commitment despite moot appeal
Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.
Vaidik re-elected chief judge of Court of Appeals
Indiana Court of Appeals Chief Judge Nancy Vaidik will serve another three-year term leading the court beginning Jan. 1 after the court’s 15 judges re-elected her Wednesday.
COA will not allow specialized driving privileges for man with 27 traffic violations
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
Appeals court rules that DCS employee can proceed with caseload claims
An employee of the Department of Child Services can continue in her complaint that alleges violations of the state-mandated caseload maximums despite a ruling that the employee has no private right of action under Indiana Code.
COA reaffirms decision in church breach of contract case
The Indiana Court of Appeals granted a church’s petition to rehear its breach of contract case and reaffirmed its previous ruling that the church had failed to carry out the terms of the lease in question.
COA dismisses car-crash claim for lack of jurisdiction
A lawsuit filed after a car crash on Interstate 65 allegedly caused by an intoxicated driver was dismissed by the Indiana Court of Appeals Thursday, which ruled it lacked jurisdiction in a case the trial court appeared to dismiss after an appeal was filed.
COA finds victim credible, affirms rape, theft convictions
After entering a Marion County family’s home with a gun, raping the mother and robbing the family of valuable possessions, the man convicted in the case cannot have his multiple convictions overturned after the Indiana Court of Appeals decided Wednesday that the mother’s testimony was not incredibly dubious.
Dissenting COA judge seeks to double molester’s sentence
A dissenting Indiana Court of Appeals judge Wednesday said he would use the court’s authority to double the sentence of a man ordered to serve four years in the Indiana Department of Correction for his conviction of two counts of Class C child molesting.
COA dismisses divorce appeal for untimeliness
The Indiana Court of Appeals has dismissed an appeal of an order dissolving a LaPorte County couple’s marriage after finding that the appeal was not filed within the correct timeframe.
Barnes & Thornburg malpractice suit prompts judge’s warning
Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.
COA: Illinois sex offender must register in Indiana
An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.
COA allows juvenile expungement despite pending charge
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
COA prevents INDOT from seeking more than $100k in damages after bridge accident
The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.
COA: Court should have given inmate more time to pay fee
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.