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.
Indiana Court of Appeals
Articles
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.
COA rules zoning exception for treatment center must be granted, agreeing that denial was based on ‘irrational animus’
The denial of a zoning exception for a drug treatment center was based on “fear and bias” and must be reversed, the Court of Appeals of Indiana ruled Wednesday.
COA holding oral arguments for appeals involving involuntary manslaughter PCR petition, summary judgment award
The Court of Appeals of Indiana will hear oral arguments in two cases next week, including one in which a man is challenging the denial of his post-conviction relief petition for an involuntary manslaughter conviction.
No error in granting custody to grandmother instead of father, COA affirms
A father who lost custody of his children failed to convince the Court of Appeals of Indiana that the trial court erred by granting custody to the children’s grandmother.
COA splits in upholding motion to set aside summary judgment
A split Court of Appeals of Indiana has upheld the grant of a motion to set aside summary judgment in a dispute involving a financial company and a woman whose ex-husband admitted to using her identity to fraudulently obtain a loan.
Indiana Court Decisions: Jan. 25-Feb. 7, 2024
Read Indiana appellate court decisions from the most recent reporting period.
COA splits in reducing 220-year sentence for teen convicted in ‘worst of the worst’ murder
A convicted murderer sentenced as a teen to more than 200 years will have his sentence reduced to 135 years, although one Court of Appeals of Indiana judge would uphold the 220-year term.
Grandmother had standing to seek visitation, COA affirms in adoption case
A grandmother who filed her grandparent visitation petition before her grandchild was adopted had standing to bring the action under the state’s Grandparent Visitation Act, the Court of Appeals of Indiana affirmed Tuesday.
IN justices: Dram Shop Act modified, not eliminated, liability for businesses serving alcohol
The state’s Dram Shop Act modified, but did not eliminate, common law liability for entities that serve alcohol, the Indiana Supreme Court ruled Monday.
COA affirms, finds division of marital estate in favor of husband was not in error
A trial court correctly awarded a Delaware County man 62% of a marital estate in a divorce case, the Court of Appeals of Indiana ruled Monday in affirming the court’s determination to divide the estate in the husband’s favor.
COA reverses negligent parental supervision judgment, affirms premises liability ruling in case involving alleged molestation
The parents of a Johnson County juvenile accused of child molestation owed a duty to the “foreseeable victim of a foreseeable harm” that was allegedly molested in the case, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment on a negligent parental supervision claim.
Man’s manic episode, behavior justify seizure of firearms, ammo, COA affirms
The Montgomery County Sheriff’s Office properly applied the state’s red flag law when it seized firearms and ammunition from a man after investigating a domestic dispute at his home, the Court of Appeals of Indiana affirmed Friday.
Ballot access, criminal cases to be heard at IN Supreme Court in February
The Indiana Supreme Court will be holding four oral arguments this month in cases ranging from ballot access to the seizure of evidence.
Judgment for company from Brantly helicopter crash should stand, COA affirms
A company that delivered a helicopter to a Morgan County man for routine maintenance was entitled to a judgment from the man’s estate for damages equal to the aircraft’s value after it was destroyed in a 2020 crash, the Court of Appeals of Indiana affirmed Monday.
New trial ordered in custody dispute
A new trial has been ordered in a Warrick County custody dispute after the Court of Appeals of Indiana determined that a successor judge abused her discretion when ruling based only on a review of prior transcripts.
COA reverses declaratory judgment for officer facing discipline whose arrest was expunged
The Court of Appeals of Indiana has reversed declaratory judgment entered in favor of a law enforcement officer facing discipline following his arrest, even though that arrest was expunged.
Appellate court upholds murder conviction despite defendant’s competency, evidentiary arguments
A man convicted of murder failed to convince the Court of Appeals of Indiana that the absence of a full competency hearing and the admission of certain evidence undermined his conviction.
COA upholds preliminary injunction against construction of Carmel senior living group home
Construction of a proposed senior group home in Carmel cannot move forward after a split panel of the Court of Appeals of Indiana affirmed a preliminary injunction challenging the underlying building permit.
Credit union’s ‘persistent disavowal’ of rehearing arguments leads justices to uphold original decision, but with a caveat
A credit union’s “persistent disavowal” of the arguments it raised on rehearing led the Indiana Supreme Court to reaffirm its prior ruling that the credit union cannot compel arbitration in a customer’s class-action.