COA: Gun test-firing not an unlawful search
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
Indiana Court of Appeals
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COA upholds Plainfield parks ban
The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.
Judges disagree on attorney fee provision
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
Former COA chief judge, IBF founder dies
A former chief judge of the Indiana Court of Appeals and a founder of the Indianapolis Bar Foundation died Thursday.
Commission OK to rule on territory dispute
The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.
COA: Collateral estoppel not applicable
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
Statute must be followed in all CHINS cases
The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.
COA voids Terre Haute’s 2007 mayoral election
The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.
COA opts for judicial restraint
The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.
Judges disagree on trust jurisdiction issue
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
COA: Mortgage lien holder has priority
The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.
Man can’t challenge motion after guilty plea
A defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress, affirmed the Indiana Court of Appeals today.
Parties can’t pick certain provisions to enforce
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
COA affirms joint legal custody
The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.
Arguments in gambling case Thursday
The Indiana Court of Appeals hits the road Thursday to hear arguments at Anderson University in a case involving a compulsive gambler and what duty the casino had to prevent her from gambling.
COA affirms sexually violent predator findings
The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.
Court orders re-trial after jury instruction error
The Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court failed to properly instruct the jury on accomplice liability.
COA: Dealership not denied due process
he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.
Decomposition cleanup subject to lien law
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
Court reverses joint tenancy interest ruling
The Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy in a property, finding the parties actually held one-third undivided interest as joint tenants.