JNC submits 3 finalists to Holcomb for COA appointment
The clock is now ticking for Indiana Gov. Eric Holcomb to select the next Court of Appeals of Indiana judge to replace retiring Judge Edward Najam Jr.
Indiana Court of Appeals
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Mathias, Vaidik, Weissmann up for retention on November ballot
Court of Appeals of Indiana Judges Paul D. Mathias, Nancy H. Vaidik and Leanna K. Weissmann will appear on the ballot for retention on Election Day in November.
COA: No error in admitting diversion agreement in child support nonpayment case
A father who failed to pay thousands of dollars in child support couldn’t persuade the Court of Appeals of Indiana that his pretrial diversion agreement should not have been admitted against him during his jury trial.
Court of Appeals waiting on slip and fall case that enraged trial judge
The personal injury case that inspired a trial court judge to declare Indiana’s civil litigation process is broken is continuing to wait for a final order so the matter can move to the appellate level.
COA: Mentally ill man should’ve been denied pro se request
A mentally ill man who was committed after acting pro se has secured a reversal by the Court of Appeals of Indiana, as the appellate court determined he was not competent enough to waive his right to counsel.
7th Circuit agrees evidence was ‘too vague’ to undermine jury
The 7th Circuit Court of Appeals has upheld an Indiana man’s conviction for rape, finding the evidence presented at trial that linked him to another rape was “too vague” to prejudice the jury.
127-year sentence upheld in ‘horrific’ torture, murder case
A man who brutally tortured and murdered a woman and seriously injured and robbed another individual will keep his 127-year sentence behind bars, the Court of Appeals has affirmed.
COA: Surgeon entitled to salary, attorney fees in breach of contract dispute
A former Franciscan Alliance surgeon will get the money he was guaranteed in his base contract before he was fired and the attorney fees from his case in full but won’t receive any additional performance-based monies or liquidated damages from the health care provider, the Court of Appeals of Indiana has affirmed.
COA: Insurance company cannot swerve around state’s UIM Statute
A worker injured in a car accident while on the job will receive payment from his insurance company after the Court of Appeals of Indiana found the policy provision which reduced coverage by the amount paid on a workers’ compensation claim payment did not comport with the state’s underinsured motorist statute.
Lake County Council can have power over county purchasing, data collection, COA affirms
A dispute over who can make purchasing decisions and collect data for Lake County has been resolved in favor of the Lake County Council, despite opposition from the county’s commissioners.
Insurer wrongly denied $10K to woman after crash, COA rules
An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.
Foley, Hanlon, Uliana named finalists for COA vacancy
Morgan Superior Judge Peter R. Foley, Owen Circuit Judge Kelsey B. Hanlon and criminal defense attorney Stacy R. Uliana have been selected as finalists to fill an upcoming vacancy on the Court of Appeals of Indiana.
JNC completes interviews for Najam vacancy on COA; Vote on 3 finalists coming tonight
Interviews of nine judges and lawyers seeking to succeed retiring Judge Edward Najam Jr. on the Court of Appeals of Indiana are complete. Now, the seven-member Indiana Judicial Nominating Commission is deliberating on the top three candidates to send to the governor, who will choose Indiana’s next appellate judge.
COA rules officers’ show of ‘power and influence’ did not force defendant to allow entry
An Evansville man argued that when he answered his front door and saw half a dozen police officers on his porch, he had to let them into his house. But while the Court of Appeals of Indiana did not find any constitutional violation, it did fault the officers for failing to turn on their body cameras and record the encounter.
Trial court correctly denied grandmother’s motion to intervene in adoption, COA affirms
A Harrison County woman seeking custody of her grandchild failed to convince the Court of Appeals of Indiana that her motion to intervene in a foster parent adoption should’ve been granted.
Justices grant transfer to 1, deny 28 other cases
Indiana Supreme Court justices granted transfer to only one case among 28 others, agreeing to hear a dispute involving a traveling actor’s attempts to receive CARES Act benefits in Indiana.
COA reverses drug charges because person of ‘ordinary intelligence’ wouldn’t know about crime
The Court of Appeals of Indiana has tossed drug charges against three individuals because the emergency rule that made the synthetic cannabinoid a Schedule I narcotic failed to provide adequate information so that person of “ordinary intelligence” would know he or she was engaging in illegal behavior.
Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms
A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.
COA calls a foul after Fighting Irish try to ‘piggyback’ on public project
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.