COA: Indictment against Lake Co. sheriff can proceed
The Court of Appeals of Indiana ruled an indictment against a northwest Indiana sheriff for felony resisting law enforcement and misdemeanor reckless driving can proceed.
Indiana Court of Appeals
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COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
Ex-high school basketball coach convicted of child seduction loses federal appeal
A disgraced high school basketball coach convicted of seducing one of his players has failed in his bid for relief from the federal courts after two appeals at the Court of Appeals of Indiana previously failed.
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Criminal recklessness conviction upheld despite constitutional violations
The Court of Appeals of Indiana affirmed a criminal recklessness conviction Tuesday despite finding that the defendant’s state and constitutional rights were violated.
Judges pro tem appointed, removed after trial judges join COA
The Indiana Supreme Court has appointed one senior judge and released another from judge pro tempore service following the appointment of the two newest judges of the Court of Appeals of Indiana.
IN justices to review child molesting, property damage cases
The Indiana Supreme Court has agreed to review a “he said, she said” child molestation case that presented an issue of first impression and a dispute between a town government and two residents whose property was flooded.
‘Abusive’ litigant who threatened judge loses speedy trial appeal
An “abusive” pro se litigant convicted of intimidation after sending threatening letters to a judge has failed to get his conviction overturned on speedy trial grounds.
COA affirms for developer in Fort Wayne construction dispute
A subcontractor that sued a developer for breach of contract regarding payment after it completed the first phase of a construction project in Fort Wayne will not get relief from the Court of Appeals of Indiana.
COA splits, reverses for family in eminent domain dispute
A split Court of Appeals of Indiana has reversed for a family in an eminent domain dispute, concluding the town that acquired their property must adhere to Indiana Code and pay them 150% of the fair market value of the property.
Homeowner must pay damages to contractor, but contractor not entitled to prejudgment interest, COA rules
A contractor who sued a client after they refused to pay him despite not having a physical contract will get money damages after the Court of Appeals of Indiana denied the client relief. However, the contractor will not receive any prejudgment interest.
Kenworthy officially joins COA in private swearing-in ceremony
Court of Appeals of Indiana Judge Dana Kenworthy has officially joined the court’s bench.
COA dismisses default judgment appeal, but dissent would consider merits
The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.
Indiana Court Decisions: Dec. 29, 2022-Jan. 11, 2023
Read Indiana appellate court decisions from the most recent reporting period.
An ‘enticing’ challenge: Kenworthy makes history as she joins Court of Appeals
Razor-sharp, hardworking, intelligent and caring. Those are words friends and colleagues used to describe new Court of Appeals of Indiana Judge Dana Kenworthy.
The art of persuasion: Hoosier attorneys support rule change regarding memorandum decisions
The relatively few words tacked onto the end of Indiana Rule of Appellate Procedure 65(D) were the result of nearly a decade’s worth of effort by Hoosier lawyers.
Altice named chief judge of historic COA
After more than seven years on the Court of Appeals of Indiana, Judge Robert Altice began a three-year term this month as chief judge of the lower appellate court.
COA affirms denial of woman’s lawsuit against lawyers over creation of trust
The Court of Appeals of Indiana tossed a woman’s complaint alleging malpractice and fraud against an attorney and his St. Joseph County law firm.
Employee can’t sue boss after falling on ice outside boss’s house, COA affirms
A businesswoman who was sued after one of her employees injured herself on the sidewalk outside of her home can’t be blamed for the icy conditions that led to her fall, the Court of Appeals of Indiana has affirmed.