Indiana Court Decisions: Nov. 16-30, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
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.
COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
AG asks Indiana Supreme Court to hear COVID case against Ball State
The Indiana attorney general wants the Indiana Supreme Court to weigh in on a lawsuit that seeks punitive damages for COVID-related college campus closures.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths
An Indiana teen convicted in adult court of killing two of his younger siblings has failed to convince the Court of Appeals of Indiana to toss his murder convictions or his 100-year sentence.
Robing ceremony planned Monday for COA Judge Foley
The Court of Appeals of Indiana’s newest judge will be robed next week in the Indiana Supreme Court courtroom.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
COA: Mistake of fact not enough to overturn seizure of drugs
Even though the driver was pulled over on a private roadway, the drugs seized as a result will still be admitted as evidence after the Court of Appeals of Indiana found the traffic stop was a mistake of fact and not a mistake of law.
Sentence revision not warranted for man kicked out of drug court, COA rules
A man who was kicked out of drug court for a variety of violations did not convince the Court of Appeals of Indiana that his explanations for the violations were valid.
Dollens: 2022 DTCI amicus activity in Indiana appellate courts
This year, the Defense Trial Counsel of Indiana participated as amicus in a variety of issues of significant interest to the defense bar.
Appellate court sides with county attorney in defamation suit despite anti-SLAPP claims
An elected LaPorte County official did not convince the Court of Appeals of Indiana that a defamation suit brought against him by the county’s attorney should be dismissed under Indiana’s anti-SLAPP law.
COA affirms adoption without mother’s consent
A mother who did not pay child support even though she was gainfully employed failed to convince the Court of Appeals of Indiana to overturn the adoption of her child, which was granted without her consent.