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.
Indiana Court of Appeals
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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.
Stepfather’s molestation convictions affirmed
A former stepfather accused of molesting his 6-year-old stepdaughter on multiple occasions cannot have his convictions or sentenced reduced after the Indiana Court of Appeals found Friday that there was enough evidence to support his 32-year sentence.
COA upholds judgment against ex-husband accused of violating protective order
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
COA: Man in bar fight can’t seek damages based on default
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
Appeals panel affirms murder conviction, sentence
An Indianapolis man who objected to his murder trial being scheduled later than permissible under the speedy trial rule failed to persuade the Indiana Court of Appeals to reverse his murder conviction.
Divided COA tosses $2M DUI crash verdict over old convictions
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
COA: Hotel did not conspire to commit theft from guests’ room
The Indiana Court of Appeals decided Wednesday that an Evansville hotel cannot be considered negligent after its employees allowed a man into a guest room without the guests’ permission, resulting in the theft of the guests’ personal property.
COA maintains that belatedly filed records result in dismissal
The Indiana Court of Appeals has reversed an Allen Superior Court decision after finding that the trial court erred when it did not dismiss a case despite the fact that the record was not filed in a timely manner.
COA orders better findings of fact in parental rights case
The Indiana Court of Appeals rejected Thursday a trial court order terminating a St. Joseph County woman’s parental rights to her daughter and instead ordered the trial court to present more specific findings of fact to support the termination.
ISBA poll shows strong support for COA judges’ retention
A recently completed poll of Indiana State Bar Association members shows strong support for the four Indiana Court of Appeals judges seeking retention in the Nov. 8 general election.
COA upholds denial of motion to strike expert medical testimony in malpractice suit
The Indiana Court of Appeals affirmed Tuesday a trial court’s decision to deny a motion to strike expert witness testimony after finding that a man could present certain evidence to prove medical malpractice against his now-deceased wife’s former physician.
Man who attacked officers not insane during incident
The Indiana Court of Appeals rejected a defendant’s claim that he was insane when he charged at, bit and spit at officers while he was in jail, but that his behavior was a result of his drug withdrawal.
Posey County man’s convictions for rape, confinement of woman affirmed
The past drug use of the woman who was held against her will for nearly two months and repeatedly raped was not relevant to the criminal trial of the man who abducted her, the Indiana Court of Appeals ruled Friday.
Hot dog vendor who stabbed man in head loses appeal
A hot dog vendor who stabbed a dissatisfied patron in the head lost the appeal of his attempted murder conviction Friday. Robert Kadrovach and another man were selling hot dogs near a downtown Indianapolis bar late at night on June 21, 2014, when Ohnjay Walker and some friends left the bar to buy some franks. […]
Charge under wrong part of statute reverses conviction
A man’s conviction of attempted obstruction of justice was reversed Friday by the Indiana Court of Appeals because the state charged him under the wrong part of the statute.