COA splits on cheek-swab requirements
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
Indiana Court of Appeals
Articles
eBay suit presents issue of first impression
In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
COA: Insurers have no duty to defend Cinergy
The Indiana Court of Appeals ruled today that the insurers of Cinergy, which was bought out by Duke Energy in 2006, have no duty to defend, indemnify, or otherwise provide coverage in connection with Cinergy's alleged liability for violations of the Clean Air Act at certain plants. The dispute over the insurers' obligations has been […]
Good-faith exception not applicable
An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.
Appellate court splits on liability of city
The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
Bank wrongfully refused to pay cashier’s check
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
Court splits on first impression dissipation case
An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."
Oral findings allowed in attorney fee case
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
Court clarifies responses under T.R. 56(I)
The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
COA reverses rape conviction in cold case
The Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago, but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to support a conviction of a sexual attack against the victim.
COA reverses denial of prisoner’s petition
The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.
Case requires balancing act by court
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
Arrest upheld after seatbelt stop
The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.
Judge argues ruling puts form over substance
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
Court rules on LLC matter of first impression
The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.
Court rules on suspended sentence issue
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
Restitution for lost wages an error
A trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
Judges dissent on search after ‘knock and talk’
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
COA to hear arguments at college
As a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods College Nov. 17 to hear arguments in a medical malpractice suit.
Judges differ on pretrial credit award
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge – other charges were dismissed – is entitled to, or if he is entitled to any time at all.