Justices grant transfer to 1, deny 6
Indiana justices granted transfer to one case last week, handing down an opinion while declining to review six other petitions for transfer.
Indiana Court of Appeals
Articles
COA rules noncustodial parent does not have to pay and will not receive child support
A weekly child support obligation that was ordered even after the calculation of the finances showed the noncustodial parent owed a negative amount has been reversed by the Court of Appeals of Indiana.
COA: THC vape cartridges evidence enough to enhance hash oil conviction
A man who transported 2,500 THC vape cartridges across state lines will not have his dealing conviction overturned after the Court of Appeals of Indiana rejected his appellate arguments.
COA reverses summary judgment over questions of employment status of deceased driver
A fatal 2017 traffic accident is headed back to the trial court after the Court of Appeals of Indiana found too many questions remain as to whether the driver alleged to have caused the collision was as an employee or contractor during the crash.
Reversal: Human trafficking victim entitled to post-conviction relief
An Indiana woman who was convicted of a felony after becoming a victim of human trafficking as a minor has convinced the Court of Appeals of Indiana to reverse a denial for post-conviction relief.
IN justices: Trial courts must show ‘good cause’ for remote hearings, but error in commitment case was harmless
If a party objects to holding a remote hearing, a trial court can’t deny the motion by simply citing COVID-19 without further elaboration.
COA affirms return of model Picasso sculpture to original bidder
A scaled model of a Picasso sculpture possessed by the Gary Community School Corp. is returning to the original bidder after the Court of Appeals of Indiana concluded the statute requiring the mayor to approve the sale in advance was not mandatory.
Ex-trustee who worked remotely from camper during COVID wins reversal of 21 theft convictions
The former Wabash Township trustee who was convicted of 21 counts of felony theft after she bought a camper and worked remotely across the country has had her convictions overturned by the Court of Appeals of Indiana.
COA: Couple not entitled to land easement to landlocked pole barn
A Mooresville couple requesting a land easement of necessity for easier access to their pole barn will not be granted any such relief from the Court of Appeals of Indiana.
Indiana Supreme Court splits but still denies multiple transfer petitions
A dispute between a divorced husband and wife that became more inflamed when the arbitrator submitted, and the trial court adopted, an erroneous report caused a split in the Indiana Supreme Court over the decision not to grant transfer.
COA: Trial court erred by striking ‘proper person’ language from expungement order
A trial judge must reissue its expungement order for a defendant who successfully argued that the court’s original order improperly omitted statutory language, the Court of Appeals of Indiana has ruled.
COA: ‘Veteran attorney’ guarantor still on hook for loan despite multiple modifications to agreement
A “veteran attorney” who signed as the guarantor of a $600,000 loan is obligated to cover the debt after the borrower defaulted and the Court of Appeals of Indiana found modifications to the loan agreement did not alter his financial responsibility.
2nd judge pro tem appointed to Morgan Superior Court after Foley joins COA
Another change has been made to the Morgan Superior Court bench following the elevation of Judge Peter Foley to the Court of Appeals of Indiana.
Justices deny transfer in 24 cases, including case regarding conviction for crime defendant ‘did not commit’
The Indiana Supreme Court denied transfer to 24 cases for the week ending Dec. 2, including one case that split the court.
COA affirms Duke Energy must follow Noblesville’s ordinances
The Court of Appeals of Indiana unplugged Duke Energy’s battle with Noblesville, rejecting the company’s arguments that only the IURC has authority over utility matters and finding the electric provider has to comply with the municipality’s ordinances.
Split COA orders suppression of evidence from traffic stop based on ‘inactive’ registration
A man who was pulled over for having an “inactive” car registration has convinced a split Court of Appeals of Indiana panel that evidence stemming from the stop should be suppressed.
COA affirms judgment against buyer of used SUV with faulty brakes
A man who bought a vehicle then sued the seller for damages because the brakes gave out while driving home from the sale will not receive any relief from the nearly $1,500 judgment against him.
Misconduct conviction upheld for IMPD officer who hit Shortridge student
An officer who hit a student in the face has lost his bid to overturn his conviction after the Court of Appeals of Indiana found his inclusion of a false statement in his report was sufficient evidence to support the verdict.
Justices to hear drainage dispute, mental health murder case this month
The Indiana Supreme Court will hear two oral arguments this month, including a case involving a drainage dispute and a case in which a mental health patient killed his grandfather.
Indiana Court Decisions: Nov. 16-30, 2022
Read Indiana appellate court decisions from the most recent reporting period.