COA rules on service of summons issues
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
Indiana Court of Appeals
Articles
COA split on impact of jury instruction omission
One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
COA rules against voting-systems company
The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
COA: Commissioners couldn’t dissolve district
The Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district, the Indiana Court of Appeals concluded today.
COA: State didn’t bring man to trial within 1 year
The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year. In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found […]
Judges split on endangerment issue
The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.
COA reverses finding IDEM breached agreement
The Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
Jury not properly instructed at man’s trial
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
Judge dissents in eviction case
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
Majority: No double jeopardy in enhancement
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
Proof of service is state’s burden
The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.
COA: Consent prevented constitutional violations
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
COA decides sex offender registration plea case
The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender
registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him
to follow lesser registration requirements.
Justices: Search didn’t violate 4th Amendment
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
Trial court didn’t have personal jurisdiction over serviceman
The Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal
jurisdiction over the husband who was in the military overseas.
COA allows woman to establish maternity
The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.
Dad who took son owes arrearage to mom
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
Court denies request for emancipation, child support change
In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.
COA to visit high school for arguments Tuesday
The Indiana Court of Appeals travels to an Indianapolis high school Tuesday for arguments in case involving a robbery of a pharmacy.
All elements of ‘fair value’ must be considered
Although there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised, the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value of the corporation on the valuation date, including the company's possible future plans.