Court upholds juvenile placement with DOC
The Indiana Court of Appeals upheld placing a juvenile with the Indiana Department of Correction over his objections that there was a less restrictive alternative available.
Indiana Court of Appeals
Articles
COA affirms Avon ordinance invalid
The Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.
Plaintiff attorney chosen to serve on judicial commissions
An Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
COA to visit high school for oral arguments
The Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis high school Nov. 16.
COA: State could charge man for leaving scene of fatal accident
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
High court vacates transfer order
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
Court affirms locked glove box search
Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
COA: jury should have had access to images
The Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary and instructional rulings constituted reversible error.
Court divided on invasion of privacy charge
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
Ticket can’t constitute ‘testimonial hearsay’
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
Judges: early retirement ends unemployment benefits
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
COA affirms man not falsely arrested, imprisoned
The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
COA upholds denial of post-conviction relief
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
All judges up for retention to stay on bench
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
COA finds voyeurism statute not vague
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
Court divides over injury claim under insurance policy
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
Judges split on court’s role in garnishments with pro se debtors
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
Judge Robb to become first female chief judge
Next year, the Indiana Court of Appeals will have its first woman chief judge.
COA reverses motion allowing for release of documents
The Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production of documents from the appellant-defendant Allstate Insurance Company.
Judges send Medicaid case back for review
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.