Arguments Thursday in infant sleeping death
The Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while sleeping on a couch with his mother.
Indiana Court of Appeals
Articles
COA: University should get summary judgment
The Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
COA to webcast more arguments
The Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.
COA: Policy doesn’t cover car in accident
The Indiana Court of Appeals ruled in favor of an insurance company in a suit seeking compensation for damages by the insured's grandson after a car accident. The appellate court also used the opinion to remind counsel of the rules for filing appendices.
COA: State must prove violation of statute
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
First impression on residential entry issue
Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
COA: Firefighter’s e-mail didn’t harm department
A firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled today.
Appeals court expansion bill stays alive
Legislation that would create a new sixth panel for the Indiana Court of Appeals is moving through the legislative committee cycle, even though lawmakers doubt it will pass this session. The Senate Judiciary Committee met this morning and discussed Senate Bill 35, which proposes an additional appellate judge panel for the first time since 1991. […]
Trial court erred in denying motion to continue
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
COA at Purdue University for election case
A panel of Indiana Court of Appeals judges visits Purdue University Tuesday for arguments in an election dispute out of Delaware County.
Court upholds out-of-state juvenile placement
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.
COA travels north to hear arguments
The Indiana Court of Appeals travels to Marion and South Bend this week to hear arguments in an appeal of voluntary manslaughter and criminal recklessness convictions, and a case involving a conviction of child solicitation.
COA reverses decree award of military benefits
The Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.
COA upholds attorney’s felony conviction
The Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.
COA affirms ruling in ‘unusual’ termination case
In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.
Judges uphold molestation convictions
The Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation of the allegations weren't worthy of credit.
COA: Police didn’t need to search car after stop
The Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction, ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.
COA: Business is a nuisance to homeowners
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
Testimony based on medical journals allowed
A physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals decided.
COA: No preliminary injunction against casinos
A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.