Appellate court and Indiana Bar Foundation to participate in Civic Learning Week
The Indiana Court of Appeals and Indiana Bar Foundation have partnered for the national Civic Learning Week March 11-15.
Indiana Court of Appeals
Articles
Biological father not entitled to adoption notice after late filing with registry, appellate court rules in reversal
A birth father’s untimely registration with the state’s Putative Father registry barred him from receiving notice of his biological child’s adoption, the Indiana Court of Appeals ruled in reversing a lower court’s order.
Appellate Judge Crone to retire later this year
Indiana Court of Appeals Judge Terry Crone plans to retire this fall. The Indiana Judicial Nominating Commission will be accepting applications later this year to fill the vacancy.
A warranty not included in writing is not enforceable, appeals court affirms
A warranty not included in an installation contract for heating and air conditioning equipment is not enforceable because it was not documented in writing, the Indiana Court of Appeals affirmed.
COA affirms dismissal of Lake County wrongful death complaint
A woman that filed a wrongful death action as a special administrator of her late son’s estate did not do so within a statutory two-year filing period, the Indiana Court of Appeals ruled in affirming a trial court’s dismissal of the complaint.
Genuine issues of material fact preclude summary judgment, appeals court rules in reversal
A judgment lien against a Jefferson County property owner had expired in 2020, but a default judgment was still active, the Indiana Court of Appeals ruled Thursday in reversing and remanding to a trial court.
COA affirms the motion to compel a company to produce reports after teen’s death
The Indiana Court of Appeals found a trial court did not abuse its discretion in compelling a basketball goal company to produce discovery materials following a teenager’s death.
COA affirms Lake County protection order
A trial court was not required to announce a cause number at the beginning of a protective order hearing, the Indiana Court of Appeals ruled Wednesday in affirming a civil protection order.
Claims filed too late in wrongful death suit, COA affirms
A father’s and grandmother’s wrongful death claims in a lawsuit involving the death of an 11-year-old girl were not filed in a timely manner, the Indiana Court of Appeals affirmed Wednesday.
Security camera footage properly admitted as evidence in drug case, COA affirms
A lower court correctly allowed security camera footage to be entered into evidence and did not err in denying a defendant’s requested jury instruction at his trial, the Indiana Court of Appeals affirmed Wednesday.
Purdue’s COVID insurance claim doesn’t fall within policy parameters, COA affirms
Purdue University is not entitled to compensation under a COVID-19 related insurance claim for lost income, the Indiana Court of Appeals affirmed in a unanimous ruling Wednesday.
Indiana Court Decisions: Feb. 8-21, 2024
Read Indiana appellate court decisions for the most recent reporting period.
IN justices agree to consider whether contempt defendants are entitled to mental health experts
The Indiana Supreme Court denied 12 transfer petitions and granted one for the week ending Feb. 23, agreeing to hear a case involving whether criminal contempt defendants are entitled to the appointment of mental health experts.
Summary judgment rulings affirmed, reversed in dispute over faulty neighborhood drainage system
A lawsuit stemming from property damages allegedly caused by a faulty drainage system will continue in part after the Court of Appeals of Indiana partially affirmed and reversed summary judgment awards to the different parties.
Trial court erred in reinstating declaratory judgment after it was dismissed, COA rules in reversal
An Elkhart-based company failed to act within the time permitted under Indiana Trial Rule 60(B) and was not entitled to a trial court’s reinstatement of a declaratory judgement action, the Court of Appeals of Indiana ruled Monday in a reversal.
7th Circuit affirms judgment that trial counsel’s failure to object was ‘reasonable strategic choice’
The Indiana Court of Appeals correctly denied a convicted child molester’s post-conviction relief petition after finding his counsel behaved competently, the 7th Circuit Court of Appeals affirmed Thursday.
COA affirms 12-year sentence in rape case, but cites double jeopardy in reversing criminal confinement, pair of sexual battery convictions
An Evansville man’s 12-year aggregate sentence for rape and one count of sexual battery was appropriate, given his prior criminal history and the nature of his sex crimes, but his criminal confinement and two additional sexual battery convictions violated his protection against double jeopardy, the Court of Appeals of Indiana has ruled in a partial reversal.
Elkhart County man not required to register as sex offender upon return to state, COA rules in reversal
An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.
IN Supreme Court denies 19 transfers, grants 1
The Indiana Supreme Court denied 19 transfer petitions and granted one for the week ending Feb. 16.
COA declines to order injunction against ex-husband accusing ex-wife of criminal conduct at work
An ex-husband’s claims that his ex-wife engaged in criminal activity at her job are protected by the First Amendment, the Court of Appeals of Indiana has affirmed.