COA rehearing reaps same result: MDMB rule vague
The Court of Appeals of Indiana has reaffirmed an earlier ruling that held the state’s classification of a synthetic cannabinoid as a Schedule I controlled substance is unconstitutionally vague.
Indiana Court of Appeals
Articles
Indiana justices take murder case overturned by COA
The justices voted to grant transfer to Marquis David Young v. State of Indiana, 21A-CR-1125, a 2020 murder case from Lake Superior Court. Also, the justices voted to hear a dispute over an arbitration provision in a customer contract and a case involving property damage caused by a sewage overflow.
Father allowed limited contact with teen son despite protective order, COA rules
A father accused of physical abuse against his teenage son can have limited contact with his son despite a protective order after the Court of Appeals of Indiana determined the protective order went too far.
Reversal: Joint custody not supported, trial court must choose which parent will get sole custody
The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
Molter sworn in as Indiana’s 111th justice
Indiana Supreme Court Justice Derek Molter has officially joined the high court’s bench.
Partial reversal awarded to man whose probation was revoked in consolidated case
A man with multiple convictions received a partial reversal from the Court of Appeals of Indiana on Thursday after it found a petition to revoke his probation in one of those cases was untimely filed and ultimately an abuse of discretion.
Appellate court affirms stalking conviction against woman who targeted former sheriff
A woman holding more than a decadelong grudge against a former sheriff cannot shake her conviction for felony stalking after she berated the man and followed him around town for years.
COA affirms for title company in land purchase dispute
A complaint against a title company and its underwriter that was dismissed without an opportunity to amend was properly thrown out despite an error, the Court of Appeals of Indiana has affirmed.
COA: MMA doesn’t apply to woman’s claims for damages based on sexual assault
An Indiana woman who was sexually assaulted by a nurse during her stay at a Muncie hospital has failed to convince the Court of Appeals of Indiana that the state’s medical malpractice statute should apply to her claims for damages based on the sexual assault.
COA: Appellant failed to provide correct documentation when requesting withdrawal of guilty plea
An Indiana man who didn’t provide a transcript of his guilty plea hearing or a history of his mental health has failed in his appeal of the denial of his motion to withdraw his guilty plea, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions: Aug. 11-24, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA affirms denial of motion to clarify probation sentencing
A man arguing his probation should end three years earlier than the date listed in the system has failed to secure relief from the Court of Appeals of Indiana.
COA: Former pet company exec had no ownership interest
The former president of a company that manufactured animal and pet products has failed to convince the Court of Appeals of Indiana that along with being an executive at the company, he also held an ownership stake.
COA again denies attempt to stop new construction in historic Indianapolis district
Continued attempts to halt the construction of a parking lot and retail center in a historic Indianapolis district by a collection of nearby homeowners has been bulldozed after the Court of Appeals of Indiana ruled the residents lacked standing when they failed to allege injury as a result of the project.
COA reverses hundreds in fees imposed upon thief
A Clay County man will not have to pay a pair of fees imposed upon him by a trial court following his conviction of theft after the Court of Appeals of Indiana determined neither of the fees were authorized by statute.
COA: Ex-husband rightfully granted motion to enforce settlement, owed appellate attorney fees
A woman who didn’t comply with the settlement agreement in her dissolution of marriage decree has failed to convince the Court of Appeals of Indiana that a trial court erred in granting a motion to enforce settlement.
Reversal: COA finds key evidence excluded in fatal crash case involving motorcyclist, state police
The estate of a motorcyclist who was killed after colliding with an Indiana State Police vehicle while exiting an Indiana tollbooth faced a reversal after the Court of Appeals of Indiana concluded evidence of his high-speed chase with police just before the fatal accident was wrongly excluded from trial.
JNC to interview 12 COA candidates next month
The Indiana Judicial Nominating Commission will interview 12 applicants next month to fill an upcoming vacancy on the Court of Appeals of Indiana.
Indiana Supreme Court tosses decades-old precedent protecting police work product
The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.
In ‘rare circumstances,’ split COA reverses denied PCR petition for man convicted of drug crime he didn’t commit
Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.