IN justices take med-mal, delinquency cases
The Indiana Supreme Court granted transfer to two cases out of 22 last week, including a medical malpractice case and a juvenile delinquency adjudication voided by the Court of Appeals of Indiana.
Indiana Court of Appeals
Articles
IN Supreme Court should consider resisting law enforcement case, Chief Justice Rush writes in dissent to transfer denial
Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving a woman convicted of resisting law enforcement, writing that the case would be an opportunity to clarify what it means to “forcibly” resist law enforcement.
Man secures reversal after trial court denies successive PCR petition in attempted murder case
A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.
Double jeopardy rights weren’t violated in aggravated battery case, but credit was miscalculated
A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.
Illuminated blue lights ‘on’ private vehicles are only for volunteer firefighters, COA rules
Writing on a “clean slate,” the Court of Appeals of Indiana has affirmed a finding that a man who had blue lights on the inside of his car committed an infraction.
COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
Woman’s 30-year manslaughter sentence appropriate, COA affirms
A woman’s 30-year sentence for voluntary manslaughter is appropriate given the nature of the offense and her criminal history, the Court of Appeals of Indiana affirmed Friday.
Protection order properly dismissed after transfer, COA affirms
A magistrate judge did not err in dismissing a protection order previously granted by a different court, the Court of Appeals of Indiana has affirmed.
IN Supreme Court set to hear oral arguments May 4
The Indiana Supreme Court is prepared to hear three oral arguments next week, all cases the Court of Appeals of Indiana had reversed.
Indiana Court Decisions: April 6-19, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Afternoon candidates for COA vacancy talk about experience, need for collaboration
Several candidates interviewed Monday afternoon for the upcoming vacancy on the Court of Appeals of Indiana.
Man can be tried in 2nd case involving kidnapping incident, COA affirms in ruling
A trial court can prosecute a Lake County man for a second case that involved alleged criminal acts against his girlfriend and another man, the Court of Appeals of Indiana affirmed in an opinion Thursday.
COA: Trial court correct to deny jury instruction on entrapment for man caught in child predator sting
A trial court did not abuse its discretion by denying a man’s request for a jury instruction on the defense of entrapment after he ended up in a civilian sting to expose child predators, the Court of Appeals of Indiana has ruled.
Bibbs, Felix, Forkner named finalists for Robb vacancy on COA
Two lawyers and a judge are the finalists for an upcoming vacancy on the Court of Appeals of Indiana.
First round of COA interviews highlight candidates’ thoughts on technology use, personal experiences
Several candidates interviewing for an upcoming Court of Appeals of Indiana vacancy highlighted their past experiences and long family traditions in the law.
Conspiracy to commit murder conviction upheld in Hamilton County case, as COA affirms lower court decision
A Hamilton County woman’s convictions on conspiracy to commit murder and failure to report human remains charges will stand, as the Court of Appeals of Indiana affirmed a lower court’s sentence and rejected an appeal in the case.
COA to hear arguments next month in case about easement rights
The Court of Appeals of Indiana will hear oral arguments next month in a case about the scope of easement rights benefitting property near Lake Monroe in southern Indiana.
Convicted murderer’s sentence appropriate, evidence supports verdict, COA affirms
Sufficient evidence was presented to support a man’s murder conviction, and his 65-year sentence is appropriate, the Court of Appeals of Indiana affirmed in a ruling Thursday.
Would-be Republican candidate in 2022 primary failed to preserve suit for review, COA rules
A would-be Republican candidate in the May 2022 primary failed to preserve his lawsuit for appellate review, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision. The Court of Appeals also ruled other claims were moot.
COA upholds admission of blood draw, lay testimony in OWI case
A driver who injured a motorcyclist during a pursuit has failed to convince the Court of Appeals of Indiana to throw out his OWI conviction on evidentiary grounds.