Justices: Menards not at fault for customer’s injury caused by defective box
A home improvement retailer wasn’t at fault when a sink fell out of a defective box and injured a customer inside one if its stores, the Indiana Supreme Court has ruled.
Indiana Court of Appeals
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COA finds charging information had ‘sufficient particularity’ in child molesting case
An Indianapolis man who did not challenge the sufficiency of the charging information at his trial and then argued to the Indiana Court of Appeals that the lower court committed a fundamental error by holding a trial was told in a six-page opinion that his argument was unavailing.
AG asks Indiana Supreme Court to take adoption neglect case
The Indiana attorney general’s office has asked the state’s highest court to take up a case involving a former couple accused of abandoning their adopted daughter.
COA panel to hear oral arguments in OWI discovery case
The Indiana Court of Appeals is set to hear oral arguments next week on the issue of compelling discovery of a police report.
Attorney fees reversed in repossessed car dispute
The Indiana Court of Appeals upheld the damages awarded to a Tippecanoe County man who had his ride repossessed one summer night but remanded for attorney fees to be recalculated to a lower amount.
COA: Default judgment proper in arbitration case
A Crawford County man waived his right to arbitration by failing to respond to an estate’s motion to compel arbitration, making a default judgment by the trial court appropriate, the Indiana Court of Appeals has ruled.
Indiana Court Decisions – Sept. 23-Oct. 6, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA affirms denial of special exception for shooting range in residential area
A Huntington County man could not convince the Indiana Court of Appeals that the denial of his request for an exception to build a shooting range on his property was a mistake.
COA reverses sexual battery conviction on issue of first impression, declines to broaden ‘unaware’ prong
The Indiana Court of Appeals has reversed a man’s sexual battery conviction for touching a woman multiple times after finding it relied on an overly broad interpretation of the sexual battery statute.
Justices reverse denial of claim against hospital in case tied to killing
The Indiana Supreme Court has reversed the denial of a woman’s claim against a hospital that discharged her grandson just before he murdered her husband, remanding for reconsideration of her motion to amend under Indiana Trial Rule 15(C).
Gary woman resentenced to 41 years in 2 kids’ fire deaths
A Gary woman whose 51-year sentence was thrown out in an apartment fire that killed two of her children after she left them and a sibling home alone has been resentenced to 41 years in prison.
COA affirms termination despite issues with Zoom hearing
A mother whose parental rights were terminated following a hearing held virtually due to the COVID-19 pandemic has lost her appeal of the termination, with the Indiana Court of Appeals finding the technological issues that arose during the virtual hearing were not tantamount to a due process violation.
Reversal: Justices split, reinstate murder conviction for teen after toddler’s shooting death
In a 3-2 split, the Indiana Supreme Court has reinstated a murder conviction against a northern Indiana teen convicted in relation to the shooting death of a South Bend toddler. The dissent, however, would have granted post-conviction relief based on deficient counsel performance.
‘Glaringly erroneous’ mistake enables convicted offender to file direct appeal
The Indiana Court of Appeals sidestepped precedent and allowed a Cass County man to directly appeal his conviction based on his guilty plea rather than file a post-conviction petition, finding justice was best served by the direct appeal.
COA affirms reformation of Goshen property deeds to recognize life estate
The Indiana Court of Appeals has affirmed judgment for a Goshen woman whose request was granted for reformation of two property deeds to include a life estate that had been granted to her under prior contracts , despite opposition from a tenant on the property.
COA affirms Bloomington woman committed computer trespassing after accessing ex’s Snapchat, posting nude photos
A Bloomington woman who took her ex-boyfriend’s Snapchat password from his computer without permission and posted nude images sent to him by another woman committed computer trespassing, the Indiana Court of Appeals affirmed Thursday.
COA upholds sentence for inmate after yearlong disappearance from detention
The Indiana Court of Appeals has affirmed a man’s multiyear sentence issued after he was arrested on a warrant for failing to return to lawful detention for more than a year.
Indiana Court Decisions – Sept. 9-22, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Man loses argument that COVID-19 shouldn’t have delayed his trial
A man accused of murder, who argued his right to a speedy trial was violated when the Morgan Superior Court delayed his hearing because of the COVID-19 pandemic, wasn’t able to get himself discharged from jail after the Indiana Court of Appeals found the public health emergency was sufficient to uphold the postponement.
COA: Reasonable probability phone belonged to Indy man in drive-by shooting case
The admission of a cellphone confiscated at the same time an Indianapolis man was arrested for aiding a criminal in a drive-by shooting was not an error, the Indiana Court of Appeals ruled Tuesday in affirming his felony conviction.