Justices dismiss DCS transfer petition
The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the
Indiana Court of Appeals ruled in favor of the DCS.
Indiana Court of Appeals
Articles
Court: refusal to identify law applies to passengers
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
Checkpoint doesn’t violate separation of powers
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
COA: negligence claim should go to trial
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
COA upholds stop of teen with gun
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
Gaming agents have full police power
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
COA reverses modification of juvenile’s probation
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
COA: Officer’s observation didn’t violate man’s rights
The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer
didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve
a warrant.
Court: juveniles can be placed on sex offender registry
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
COA refuses to rule defendants get blanket immunity
The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.
Court rules on liability in nursing home accident
The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:
What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers
arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident
on the front porch before crashing into the building itself?
Judges uphold sentence increase on appeal
The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
Court rules on literacy program, educational credit time
While applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined
that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider
to fit into its definition of “literacy and life skills” programs.
Man’s suit filed after all statutes of limitations
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of
a city park, but that his suit is barred by statutes of limitations.
Justices asked to revisit Indian family law
At least one Indiana Court of Appeals judge believes the state’s highest court should revisit how it applies a three-decade
old statute to tribal Indian family adoption issues inside Indiana.
Articles about pending cases raise concerns
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
5 appeals judges up for retention
A third of the Indiana Court of Appeals judges face voter retention this year, including two initially appointed within the past three years to fill vacancies on the state’s second highest court. With a month and a half before the filing deadline, one of the applicants says that all five appellate judges submitted their retention […]
Counties must pay for juvenile facilities
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
Court sets drug-court termination requirements
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was
terminated without minimum due process.
COA: Breathalyzer certificate is not testimonial
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment
right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals
ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate
for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.