Man’s 76-year sentence for kidnapping driver affirmed
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
Indiana Court of Appeals
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Despite jury instruction error, man’s battery conviction upheld
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
COA upholds most of man’s spice convictions
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
Medical Malpractice Act does not apply to third party, COA rules
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
Appeals court remands divorce distribution for IRA recalculation
The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.
Trial court must review treatment plan for mental patient, COA rules
A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.
Divided appeals panel affirms judgment over time-limit objection
A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.
Appeals court affirms contempt over parenting-time violation
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
COA decision in dueling-precedent case affirmed by Supreme Court
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
Divided appeals panel reverses judgment against Thomson
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
Father can’t challenge paternity 15 years after child’s birth
The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.
Ohio girl hurt at fair challenges Indiana damages cap
Attorneys for a 13-year-old Ohio girl hurt when a stage collapsed at the Indiana State Fair argued Monday that the state's cap on liability damages is unconstitutional and should be thrown out by the Indiana Court of Appeals.
The changing face of the judiciary
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.
COA upholds reversal of award for attorney fees
Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.
Dissenting judge: Man justified in beating would-be thief
A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.
Appeals court affirms partial judgment in insurance dispute
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
Court properly allowed evidence identifying precursors used to make meth
A trial court did not abuse its discretion when it admitted an ingredient label and the testimony of a detective relating to the identification of three precursors commonly used to make methamphetamine, the Indiana Court of Appeals ruled.
Public voyeurism statute not unconstitutionally vague as applied, COA rules
A man who argued he lacked sufficient notice that the public voyeurism law prohibits his conduct because he filmed girls wearing bathing suits or a skort lost his case before the Indiana Court of Appeals Thursday.
Complaint properly dismissed for failure to comply with Trial Rule 3
Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.
Judges affirm woman who emailed racist joke not entitled to unemployment benefits
A newspaper employee who emailed a racist joke to two co-workers was correctly denied unemployment benefits after she was fired, the Indiana Court of Appeals ruled.