Judges uphold custody award of non-biological child to stepfather
The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.
Indiana Court of Appeals
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COA reverses award of attorney fees to couple
The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.
Judges disagree whether mother’s relocation is in good faith
A panel on the Indiana Court of Appeals Thursday couldn’t agree whether a northern Indiana mother’s decision to relocate with her two children was made in good faith. The majority upheld her request to relocate.
Court reverses woman’s driving while suspended conviction
Because a woman’s conviction for driving while suspended was based in part on trial court speculation that she had driven farther than was necessary to put herself out of harm’s way, the Indiana Court of Appeals reversed the conviction.
Judges find court should have granted expungement
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
COA judge among delegation observing Guantanamo Bay hearings
Indiana Court of Appeals Judge Patricia Riley is joining four other representatives from Indiana University Robert H. McKinney School of Law in observing hearings happening at Guantanamo Bay.
Judges order court to take second look at restitution attorney must pay
A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.
COA: Judge abused discretion by revoking probation
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
Court splits over release of college transcript
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
Man knowingly waived right to jury trial on all charges
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
COA: Court should hear petition involving pet daycare
The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.
Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
COA affirms order allowing grandparent visitation with deceased son’s daughter
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
Statute requires state to pay attorney fees on inmate’s appeal
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
Former IURC chair’s appeal raises questions on official misconduct law
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
FSSA able to terminate 9-year Medicaid provider contract without cause
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
Judgment for investment advisor upheld as breach, wage claim
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
Man who sped through construction zone loses appeal
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
Former JA boss loses defamation appeal naming FedEx, 500 Festival
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.