Yes or no question: ISBA poll helps Hoosiers vote for appellate retention
Indiana Lawyer reviewed the results of appellate retention votes and ISBA member polls for the last 12 years. Highlighted are selected results.
Indiana Court of Appeals
Articles
COA allows suppression of drugs found in purse based on constitutional violations
A woman who was criminally charged after drugs were found in her purse as part of a search of someone else’s home has convinced the Court of Appeals of Indiana that the drug evidence should be suppressed.
Reversal: Trial court breached contract when it revoked pretrial diversion agreement
The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.
COA holds video evidence of little use to defendant
Video from a domestic violence incident at a liquor store would likely not have helped a South Bend man avoid a felony conviction and revocation of his probation, the Court of Appeals of Indiana has ruled.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.
COA: Pastor’s complaint seeking to stop demolition rightfully dismissed
A Fort Wayne pastor who filed a complaint to stop the city from demolishing a building on his nonprofit’s property didn’t have authority to represent the organization in court, the Court of Appeals of Indiana has affirmed.
COA affirms removal of transgender teen from home, rejects parents’ constitutional claims
A mother and father whose transgender teen was removed from their home due to allegations of abuse has failed to convince the Court of Appeals of Indiana that their rights as parents were infringed upon when the court intervened.
IN Supreme Court, COA taking oral arguments on the road
The Indiana Supreme Court and the Court of Appeals of Indiana will travel across the state next week to hear oral arguments in multiple cases.
COA reverses attempted murder, unlawful possession convictions for man who fired gun with police present
A Bargersville man will have another chance to convince a jury he wasn’t trying to kill a police officer when he drunkenly fired a handgun in his apartment complex after the officer arrived on scene.
Applications for Foley vacancy on Morgan Superior Court close Monday
With Judge Peter Foley now on the Court of Appeals of Indiana, Morgan Superior Court 1 has an opening on its bench.
COA: Magistrate judge protected by absolute judicial immunity in PCR case
A magistrate judge who granted a litigant’s motion to transfer a PCR case to an elected judge but then failed to do so was protected from the litigant’s subsequent lawsuit against her by absolute judicial immunity, the Court of Appeals of Indiana has ruled.
Split 7th Circuit affirms denial of habeas relief despite excluded evidence
A northern Indiana man convicted of molesting his teenage nephew has lost his appeal of the denial of habeas relief based on the argument that he should have been allowed to present evidence of his nephew’s drug use.
ISBA poll: Members support retention of Mathias, Vaidik, Weissmann
The three Court of Appeals of Indiana judges sitting for retention in next month’s general election have received a vote of confidence from members of the Indiana State Bar Association.
JNC names 2 judges, 1 attorney as finalists for Molter COA vacancy
Two trial court judges and an attorney in private practice are the finalists to fill now-Justice Derek Molter’s seat on the Court of Appeals of Indiana.
Indiana Court Decisions: Sept. 22-Oct. 5, 2022
Read Indiana appellate court decisions from the latest reporting period.
Despite error, COA affirms dismissal of couple’s complaint over arsenic-treated decks
While a Monroe County couple convinced the Court of Appeals of Indiana that a trial court misapplied the state’s product-liability statute in their case, that ruling still didn’t win them any relief for the allegedly defective decks at their home.
Payne-Elliott decides to end litigation against Indianapolis Archdiocese
Joshua Payne-Elliott, the former Cathedral High School teacher who sued the Roman Catholic Archdiocese of Indianapolis after he lost his job for being in a same-sex marriage, has decided to end his litigation.
COA: PCR correctly denied in pharmacy robbery case
A man who was a part of a duo that conducted a string of Indianapolis-area Kroger pharmacy robberies in 2016 did not convince the Court of Appeals of Indiana that he was wrongly denied a petition for post-conviction relief.
Patient’s suit against Community Health moves ahead after diagnosis shared online
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.
COA affirms CHINS adjudication for out-of-state, traveling children
A West Virginia mother whose children were taken into emergency custody in Indiana could not convince the Court of Appeals of Indiana that the adjudication of her kids as children in need of services was the wrong decision.