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 Court of Appeals
Articles
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.
Arbitration and IP: Dispute between models, strip clubs highlights IP infringement coverage questions
An unusual intellectual property dispute involving strip clubs and professional models is moving through Indiana’s state courts on the issue of arbitration, highlighting what experts see as a lapse in insurance coverage for IP infringement.
IU McKinney Civil Practice Clinic helps secure COA reversal in expungement case
With the assistance of a group of Indianapolis law students, a man convicted of felony battery can continue to pursue expungement after the Court of Appeals of Indiana reversed the denial of his expungement petition.
COA: Gender marker changes for trans children not covered under state statute
The Court of Appeals of Indiana is continuing to wrestle with requests to change legal documents for transgender children, parting ways with its own precedent and finding that trial courts cannot order a gender-marker change.
COA: Dog sniff outside hotel room did not violate Indiana Constitution
Although precedent holds that law enforcement needs “reasonable suspicion” to conduct dog sniffs at the front door of private residences, the Court of Appeals of Indiana has found that a dog sniff in a hotel walkway did not violate the Indiana Constitution.
Appellate court upholds minor’s placement in DOC after failed probation
An Indiana minor placed in the Department of Correction has failed to convince the Court of Appeals of Indiana that his placement was an error or that his due process rights were violated when his hearings were held remotely.
Appellate court provides reprieve to homeowners not notified of tax sale
Citing the requirements of equity and due process, the Court of Appeals of Indiana has reversed a tax sale, finding the homeowners did not receive any notice that their Madison County property was being sold.
COA remands divorce case after mother’s due process rights were violated
A divorcing couple must return to court after the Court of Appeals of Indiana determined the mother’s due process rights were violated in previous court proceedings.
‘Gratitude and duty’: Robing held for new COA judge Foley
Upon reviewing the application from Judge Peter Foley for a vacancy on the Court of Appeals of Indiana, one character trait stood out to Chief Judge Cale Bradford: Foley’s skills as builder.