COA: Statement of dead man properly admitted as evidence
A northern Indiana man’s constitutional rights weren’t violated when a trial court admitted a statement from a dead witness into evidence, the Court of Appeals of Indiana has ruled.
Indiana Court of Appeals
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Trial Rule 60(B) does not sway COA to overturn default judgment
A certified public accountant who abruptly booted a tenant from his property then failed to appear at the subsequent court proceedings discovered the limits of trying to get relief under Indiana Trial Rule 60(B) when the Court of Appeals of Indiana found the CPA miscalculated his ability to get a do-over.
COA partially rules for town in property, ITCA dispute
An Indiana town will receive partial judgment from the Court of Appeals of Indiana on fraud and constructive fraud claims brought against it by a property owner who claimed the town backed out on its promise to purchase land.
COA rules COVID dangers allowed for continuance in criminal trial
The Court of Appeals of Indiana found the Fulton Superior Court’s failure to hold a timely jury trial after the defendant filed a motion for a speedy trial was not grounds to overturn the conviction because the COVID-19 pandemic created an emergency that allowed for the delay.
COA reverses for farm in neighbors’ shared drainage line dispute
The Court of Appeals of Indiana has reversed in a dispute between neighbors over the use of a drainage line in Montgomery County, finding the farmland owner’s suit wasn’t subject to a six-year statute of limitations.
COA: Bloomington Plan Commission member validly selected despite political party concerns
A feud over who should fill an open seat on the city of Bloomington’s Plan Commission has been resolved after the Court of Appeals of Indiana reversed Friday, finding the mayor’s nominee was validly appointed.
BBQ joint challenging COVID face-covering requirement loses mootness appeal
A Bluffton barbecue joint seeking to set aside a health department order requiring the restaurant’s employees to comply with a face-covering requirement during the height of COVID did not convince the Court of Appeals of Indiana that its case wasn’t moot.
Despite sticker shock, COA affirms $150K bail for teen charged in deadly crash
Noting several times its limited role in reviewing the denial of a request to reduce bail, the Court of Appeals of Indiana has affirmed a trial court’s ruling that set bail at $150,000 for an Elkhart County teenager charged in a deadly auto accident.
New lawyers welcomed to profession at admission ceremony
At the Indiana Supreme Court Admission Ceremony, Indiana Justice Steven David reminded the newest admittees to the profession of law this was the day they had long been working towards.
Marion County inmate discharged after reversal of misdemeanor conviction for jailhouse incident
A Marion County inmate has been discharged after an appellate panel concluded he was wrongly convicted of Class A misdemeanor battery against the facility’s mail clerk.
Justices: Burglar who armed himself after entering residence committed Level 2 felony
The Indiana Supreme Court has concluded that a man who stole a handgun from a partially-paralyzed victim during a burglary and threatened him with it should have his felony conviction enhanced even though he didn’t possess the firearm when he entered the victim’s home.
Parents fail to sway COA in medical malpractice case over infant son’s death
Parents who sued several health care providers that treated their infant son just days before his death did not sway the Court of Appeals of Indiana to rule in their favor, as the judges concluded that a medical review panel’s process must wrap up before their claims can be adjudicated.
Reversal: Divorce court violated parents’ 1st Amendment rights via ‘non-disparagement clause’
A non-disparagement clause drafted into a couple’s divorce order to prevent the parents from talking badly about each other even outside of the presence of their child was an unconstitutional prior restraint on speech, the Court of Appeals of Indiana ruled in a partial reversal.
COA: Out-of-state sex offender registration requirement does not violate Indiana Constitution
The Court of Appeals of Indiana has upheld a finding that the retroactive application of the state’s sex offender registration requirements does not violate the Indiana Constitution’s ex post facto clause.
Indiana Supreme Court grants transfer to wage dispute case, 2 other cases
A dispute between a dentist and her former employer, which split the Court of Appeals over the award of damages, is now headed for the Indiana Supreme Court.
New trial denied for man convicted in fatal Gary shooting
Despite allegations of prosecutorial misconduct during closing arguments, a man convicted of murder could not convince the Court of Appeals of Indiana to grant him a new trial.
Split appellate panel reverses murder conviction in Gary shooting for insufficient evidence
In a “seldom” reversal of a murder conviction based on insufficient evidence, the Court of Appeals of Indiana split in a Wednesday decision, with the majority concluding the evidence used to support a defendant’s guilt came “nowhere close to proof beyond a reasonable doubt.”
COA has ‘little doubt’ state violated discovery rule in child molesting case
Bungled communications by law enforcement officials over whether a polygraph was admissible in court has resulted in the Court of Appeals of Indiana affirming the exclusion of the evidence against a defendant in a child molestation case and sanctions against the state.
People behind the precedents: New book on Court of Appeals of Indiana tells stories of judges who have served
A new book documents the history of Indiana’s Court of Appeals by telling the story through the men and women who have served as judges. Just published this spring, the book, “The Court of Appeals of Indiana,” is a compilation of profiles of the roughly 120 judges who have sat on the appellate bench through its 131-year history.
Indiana Court Decisions – April 21-May 4, 2022
Read Indiana appellate court decisions from the most recent reporting period.