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.
Indiana Court of Appeals
Articles
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.
Indiana Court Decisions: Dec. 15-28, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Hammond hospital closes ER after COA stay
A northwestern Indiana hospital closed its emergency room Saturday, a day after a Court of Appeals of Indiana judge issued a stay of a lower court ruling that it must operate those services for nine more months.
COA finds for Purdue Federal Credit Union in overdrafting dispute
A proposed class-action complaint concerning overdraft fees against Purdue Federal Credit Union will not move forward after the Court of Appeals of Indiana affirmed PFCU’s granted motion to compel arbitration.
COA reverses for woman who filed class action against IU Credit Union regarding overdraft fees
A woman who had her class-action complaint against IU Credit Union sent to arbitration has secured a reversal in an interlocutory appeal by the Court of Appeals of Indiana.
COA: Homeowners should have read insurance certificates
In rejecting a Tippecanoe County couple’s claim their insurance company failed to honor the increase in their coverage limit, the Court of Appeals of Indiana told the homeowners they should have read their annual renewal certificates.
Altice elected COA chief judge
The judges of the Court of Appeals have elected Judge Robert R. Altice Jr. to a three-year term as chief, effective Sunday.
Appellate court rejects 2nd burglary sentence appeal after previously ordering resentencing
A man who previously convinced the Court of Appeals of Indiana to reduce his burglary conviction and sentence failed Wednesday in his second sentencing appeal.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
COA: Deputies had reasonable suspicion for pat-down
A northeastern Indiana man has failed to convince the Court of Appeals of Indiana that deputies violated his Fourth Amendment rights when they patted him down and arrested him after an anonymous noise complaint was called in against him.
COA splits in dispute over repaired sign’s continued status under development ordinance
A split Court of Appeals of Indiana has found for a board of zoning appeals in a fight over whether the replacement and relocation of the supporting posts allowed a freestanding sign to keep its nonconforming status under a local ordinance.
Appellate rule change will enable litigants to cite ‘persuasive’ memorandum opinions
The Indiana Supreme Court is amending the appellate rules to allow litigants to cite to memorandum decisions for “persuasive value,” a change the Appellate Practice Section of the Indianapolis Bar Association has been advocating for since 2013.
Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history
While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.
COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case
A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.
Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment
A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.
Kenworthy joins COA, gives court 1st ever female majority
When Indiana Chief Justice Loretta Rush asked Grant County Judge Dana Kenworthy why she wanted to join the appellate court, Kenworthy provided a vivid image.
Reversal: Insurer not obligated to indemnify client against lead poisoning complaint
An insurer is not required to defend or indemnify a client that was sued for lead poisoning because the policy contained an unambiguous lead exclusion, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions: Dec. 1-14, 2022
Read Indiana appellate court decisions from the latest reporting period.
Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.