Indiana Supreme Court to consider Duke Energy rate increase
The Indiana Supreme Court is delving into a dispute over Duke Energy’s request to raise rates to recover funds spent on coal ash remediation.
Indiana Court of Appeals
Articles
COA partially reverses for inmate in credit time dispute
The Indiana Court of Appeals has partially reversed for a man with three simultaneously pending cases on the calculation of his credit time, finding the trial court prolonged the time until the sentence in his first case could be satisfied.
COA: Lack of ‘breaking’ evidence in liquor store burglary leads to reversal
Evidence was sufficient to identify a Huntington man as the perpetrator of a liquor store robbery, but there wasn’t enough proof to sustain his conviction for breaking and entering in the same crime, the Indiana Court of Appeals ruled in a Monday reversal.
Retirement ceremony planned for COA Judge Kirsch
Retiring Indiana Court of Appeals Judge James S. Kirsch will be honored for his 25 years on the appellate bench, and nearly half-century career in law, later this week.
COA: Granddaughter fails to show she did not unduly influence sick grandfather
A granddaughter who acquired her grandfather’s home free of charge through a quit claim deed executed about a week before the elderly relative died of brain cancer has lost the house after the Indiana Court of Appeals affirmed she procured the property through undue influence.
Appellate court affirms custody modification to father
A juvenile court acted within its discretion when it awarded sole custody of a couple’s children to the father after the mother was arrested for multiple alcohol-related incidents and provided questionable living arrangements, the Court of Appeals has ruled.
State ordered to repay bank $709K after traffic stop cash seizure
The state must pay back more than $700,000 to a money services business who had cash seized following a traffic stop, the Indiana Court of Appeals has ruled, finding “no evidence whatsoever that a crime was committed.”
COA: Trial court didn’t err in sentencing child molesting mom
A trial court didn’t exceed its statutory authority when it sentenced a Howard County woman to more than 20 years for molesting her two young children, according to the Indiana Court of Appeals.
COA: Trial court erred in allowing opinion testimony during child molesting case, but didn’t commit fundamental error
A trial court erred in admitting opinion testimony by a detective during a child molesting case, but it wasn’t enough to establish fundamental error, the Indiana Court of Appeals has ruled.
Elkhart officer who gave false testimony in Royer case now facing termination
The lead detective in an Elkhart murder case whose actions contributed to the exoneration of a man with a mental disability is now facing termination from the Elkhart Police Department.
DTCI: Premises liability for foreseeability of third-party harm
Indiana courts approach landowner liability cases by taking a broad approach to the type of plaintiff injured and the type of harm suffered. This avoids making landowners act as insurers to their patrons when the acts of third parties are involved. Yet the caselaw has not always been so clear.
Indiana Court Decisions — Aug. 26-Sept. 8, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA rejects perjury, ineffective assistance arguments in convicted murderer’s post-conviction appeal
Post-conviction relief will not be given to a convicted murderer who accused a prosecutor of suborned perjury and his appellate counsel of being ineffective, the Indiana Court of Appeals has affirmed.
COA: Auto supplier breached contract with recruiting service
A trial court erred in awarding judgment to an automotive supplier over a recruiting company in a breach of contract complaint, the Indiana Court of Appeals has ruled.
COA to hear argument in Gary sanctuary city lawsuit
A Gary ordinance intended to welcome residents regardless of immigration status has caused a legal stir in the community and is headed to the Indiana Court of Appeals for review next week.
COA: Marijuana smell not enough for probable cause in juvenile’s handgun possession arrest
The Indiana Court of Appeals reversed Friday a delinquent finding for possession of a handgun after law enforcement searched a teen during a traffic stop when they smelled marijuana, ruling the odor wasn’t enough to establish probable cause for the juvenile’s arrest.
Protective order affirmed for child against mom’s former boyfriend
The Indiana Court of Appeals on Tuesday upheld a protective order requested by a father on behalf of his son after a domestic incident occurred with his mother’s former boyfriend that left the kid with a bloodied nose.
COA: $475k purchase price reasonable for Hamilton County utility acquisition
Two Hamilton County wastewater companies can move forward with their acquisition deal costing the significantly larger entity hundreds of thousands of dollars, the Indiana Court of Appeals has affirmed.
Retiring COA judge Kirsch certified as senior judge
After serving for more than 25 years on the Indiana Court of Appeals, Judge James S. Kirsch is moving on. The Indiana Supreme Court handed down an order Wednesday giving senior judge status to Kirsch, who announced his retirement in January.
Justices: Officers that detect odor of raw marijuana may establish probable cause based on ‘training and experience’
If a law enforcement officer believes they smell raw marijuana based on prior training and experience, they may establish probable cause for a search warrant based on that training and experience, the Indiana Supreme Court has ruled on an issue of first impression.