COA: Child molester’s multiple felony convictions pass Wadle test
A man’s convictions of two felony counts of child molesting don’t violate double jeopardy principles, according to the Court of Appeals of Indiana.
Indiana Court of Appeals
Articles
Appellate court again declines to pierce corporate veil on rehearing
An Indianapolis man who won $3,000 in a small claims dispute with a fencing company but lost in his bid to pierce the corporate veil has also lost his arguments on appellate rehearing.
Drug offender to get new sentencing hearing after trial court sentencing error
An Indiana man had his rights infringed upon when a trial court denied his request to be physically present during his sentencing hearing, the Court of Appeals of Indiana has affirmed.
COA affirms TPR for mother of chronically ill son
A trial court didn’t err when it terminated the parental rights of a mother to her chronically ill son after multiple attempts were made to remedy the situation, the Court of Appeals of Indiana has affirmed.
Drug offender wrongfully placed in DOC instead of county jail, COA rules
A trial court abused its discretion when it ordered a man to spend 1½ years in the Indiana Department of Correction for Level 6 felony drug possession charges, the Court of Appeals of Indiana has affirmed.
COA: Admission of parole violation harmless error
A Delaware County man had his murder conviction affirmed after the Court of Appeals of Indiana found the trial court’s admission of a parole violation during trial was an abuse of discretion but a harmless error.
COA reverses, affirms damages for couple over well drilling dispute
A split Court of Appeals of Indiana sorted out a dispute between a Northern Indiana couple and a well-drilling company in a 48-page opinion Friday, reversing some of the damages awarded to the pair but affirming most all others.
Najam formally announces retirement from COA
Court of Appeals of Indiana Judge Edward W. Najam Jr. has officially announced his plans to retire during the summer of 2022.
COA affirms dissolution order despite husband’s arguments
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
IN justices rule probation officers are state employees, must be defended by attorney general
Probation officers are state employees who must be defended by the Indiana attorney general against litigation, the Indiana Supreme Court has ruled, reversing lower court rulings in favor of the state.
COA allows state to prosecute man after federal acquittal on related charge
A trial court erred when it dismissed state charges against a man who was acquitted in federal court on a charge stemming from the same incident, the Court of Appeals of Indiana has ruled.
COA affirms for estate in dispute with former business associate
A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.
Revocation of hospital privileges affirmed against Fort Wayne cardiologist
A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.
Couple facing TPR, felony charges for ‘biblical’ discipline suing DCS, using RFRA as defense
A southern Indiana couple facing both criminal charges and the termination of their parental rights due to allegations of unreasonable discipline against their children are seeking to use Indiana’s controversial Religious Freedom Restoration Act to end, or at least pause, the litigation against them.
Appellate court allows appeal of pandemic unemployment benefits denial to proceed
An Indiana woman may administratively appeal the denial of her application for pandemic unemployment benefits, the Court of Appeals of Indiana ruled after the Department of Workforce Development failed to present evidence challenging the timeliness of the appeal.
COA: No error in failure to preserve syringe for jury trial examination
A man was not denied due process when a syringe found in his car was not preserved for examination during a jury trial against him, the Court of Appeals of Indiana has ruled.
COA: Trial court didn’t err when modifying parenting time based on basketball schedule
A parenting time modification that was granted to accommodate a teen’s summer basketball schedule was not an abuse of discretion by the Johnson Circuit Court, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions – Jan. 27-Feb. 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA invites justices to ‘dispel confusion’ in medical privacy case
A woman claiming she experienced invasion of privacy after someone other than her doctor accessed her medical records and shared them with her employer did not sway the Court of Appeals of Indiana differently on its second time hearing the case.