‘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.
Indiana Court of Appeals
Articles
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.
COA denies foster parents’ attempts to get custody of foster children
Taking a close examination of state statutes, the Court of Appeals of Indiana has rejected multiple arguments from two foster parents trying to get their foster children returned and found the trial court did not abuse its discretion.
Court of Appeals affirms conviction in child suffocation death
The Court of Appeals of Indiana has upheld the murder conviction of a Gary woman who admitted that she fatally smothered her 1-year-old foster child in her crib in 2017.
State of the Judiciary address highlights role of state courts in Indiana’s prosperity
Indiana Chief Justice Loretta Rush gave a formal update on the work of the judicial branch during the 2023 State of the Judiciary address on Wednesday at the Indiana Statehouse.
Models in photo dispute lose battle to compel insurance company to arbitration
An attempt by a group of models to force an insurance company into arbitration was blocked by the Court of Appeals of Indiana but ignited a dispute among the appellate judges over how fully the bench should address the arguments raised.
Split COA affirms that Army vet can’t call psychologist to testify about PTSD in murder case
A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.
Justices grant transfer to clarify that Trial Rules, Marion Co. local rule ‘work in harmony’
Granting transfer to clarify a procedural question, the Indiana Supreme Court has determined that a Marion County local rule regarding dispositive motions doesn’t conflict with the Indiana Trial Rules.
COA: Trial court erred by forbidding father’s discussion of religion with child
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Justices reinstate Vectren’s ‘instantaneous netting’ method for crediting excess energy production
The Indiana Supreme Court has ruled in favor of Vectren energy, finding it followed state law when it changed its method of determining the credit its customers receive when producing excess solar and wind energy.