COA affirms judgment in property-tax dispute
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches – property taxes.
Indiana Court of Appeals
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COA splits, reverses probation revocation
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
COA: Casinos can’t ban card counters
An Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of Appeals ruled today.
Justices asked to accept judicial review case
A national business group and several state associations want the Indiana Supreme Court to take a case that could impact judicial review of state administrative agency rules, particularly those that may be outside an agency's authority to address.
Appellate panel travels to Hammond
Indiana Court of Appeal Judges Michael Barnes, Patricia Riley, and Margret Robb travel to Hammond Thursday to hear arguments in a case involving the erection of a cell phone tower on town property. Arguments begin at 1 p.m. CST at the Hammond City Hall, Council Chambers in Bruce Scalambrino, et al. v. Town of Michiana Shores, […]
Court: Don’t assume undue influence by child
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
Lawmakers vote on COA panel, Lake County fee
Both houses of the Indiana General Assembly took action on court-related legislation Thursday.
Appellate court rules statute not unconstitutional
The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.
Transfer sought in compulsive gambling case
Arguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage of by a casino, resulting in her loss of $125,000 in a single night.
First impression for habitual offender statute
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.
Court erred in denying court-appointed counsel
The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.
COA: Destroyed tape doesn’t make record silent
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
Judges disagree as how to review sentence
A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.
Hearing didn’t consider all statutory factors
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
Judges disagree on statute’s constitutionality
In an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a digitalized image under the child-exploitation statute.
COA rules on re-registration of offenders
Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
County, court don’t have to give back pay
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
COA travels to Lafayette for arguments
The Indiana Court of Appeals travels to Lafayette April 20 to hear a case regarding the delayed return of children to their mother following the death of a sibling.
Suit based on church-member letter may go on
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
Insurer’s policy breach a case of first impression
In a case of first impression for state courts, the Indiana Court of Appeals affirmed a jury verdict against an insurance company in a breach of contract case, ruling the insured's failure to repair his building following a fire was the fault of the insurance company. In Rockford Mutual Insurance Co. v. Terrey E. Pirtle, No. […]