2nd CHINS finding upheld, but contempt ruling against father reversed
A CHINS adjudication was not erroneous, the Court of Appeals of Indiana has ruled, but a contempt finding against a father was.
Indiana Court of Appeals
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Evidentiary hearing ordered after juror fails to disclosure knowledge of expert witness
A trial court must hold an evidentiary hearing to determine how familiar a potential juror in a medical malpractice case was with a doctor who was called an expert for the defense, the Court of Appeals of Indiana has ruled.
COA reaffirms unanimous ruling vacating convictions, but panel splits on rehearing
Two months after vacating a man’s attempted murder and battery convictions, the Court of Appeals of Indiana has reaffirmed that decision on rehearing, doubling down on its holding that a speedy trial request was not met.
COA reverses summary disposition of PCR petition, orders evidentiary hearing on delayed parole hearing
A trial court must hold a hearing to determine whether the state can show good cause for the delay in a probation revocation hearing, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Indiana Court Decisions: Jan. 11-24, 2024
Read Indiana appellate court decisions from the most recent reporting period.
IN justices: Cash bail can be retained for representation costs, but other fines, fees, costs require indigency hearing
State statute authorizes trial courts to retain cash bail for the payment of public defender fees, but an indigency hearing is required before the cash can be retained for most other fines, fees and costs.
Man claiming to be detective guilty of impersonating officer, COA affirms
A man convicted of impersonating a law enforcement officer failed to show that a trial court erred in the admission of evidence, the Court of Appeals of Indiana ruled Monday.
Thief must repay $37K in restitution to Shelby County couple, but trial court must set payment schedule
A couple’s testimony that a man convicted of felony burglary stole $37,000 out of their safe constituted sufficient evidence for a restitution amount, the Court of Appeals of Indiana ruled Monday in affirming a lower court’s order.
On issue of 1st impression, COA lays out test for deciding who gets a pre-embryo from fertility treatments
Ruling on an issue of first impression, the Court of Appeals of Indiana has upheld the award of a pre-embryo to a woman in a divorce case, laying out a test for trial courts to apply when faced with disposition of a pre-embryo.
Justices reverse summary judgment for doctor, clarify requirements of medical experts’ affidavits
A doctor must face a medical malpractice complaint after the Indiana Supreme Court overturned a summary judgment ruling. The court also clarified that a medical expert is not required to expressly state the applicable standard of care in an affidavit.
COA affirms dismissal of inmate’s complaint against prison officials after cell water was shut off
A defendant whose cell water was shut off for more than a week failed to prove that the two prison employees he sued knew that the water did not need to be shut off, a split Court of Appeals of Indiana has ruled.
COA reverses judgment for developer in easement dispute with Bloomington business
The Court of Appeals of Indiana has reversed judgment for a real estate developer in a dispute with a Bloomington business, finding that the developer obstructed the business’s easement during a construction project.
Split COA orders new trial in deadly county fair brawl after prosecutorial misconduct
A man convicted of manslaughter after a brawl at a county fair will get a new trial, although one appellate judge would uphold his conviction and sentence.
Insufficient notice leads COA to rule for Georgia woman seeking relief from $36K judgment in estate case
Regardless of the intent behind a notice that was served four days before a hearing — and one day before Christmas — the notice was not sufficient for an elderly Georgia resident to hire an attorney and travel to Indiana for a hearing on a disputed estate.
Grandmother can pursue visitation of granddaughter under state law, COA rules in reversal
An Allen County grandmother seeking visitation with her granddaughter had standing under the state’s Grandparent Visitation Act to submit a visitation petition, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Lawsuit over nonbinary ‘X’ designations argued at Indiana Court of Appeals
A three-judge panel of the Court of Appeals of Indiana heard arguments Tuesday on whether the Indiana Bureau of Motor Vehicles must issue driver’s licenses with an “X” gender designation for nonbinary Hoosiers.
COA reinstates, then reverses, neglect conviction
After reinstating a woman’s neglect conviction based on trial court error, the Court of Appeals of Indiana then reversed that conviction based on insufficient evidence.
Rape convictions upheld despite ‘surprise’ evidence, last-minute charging amendment
A man whose rape trial included “surprise” evidence and an amendment to the charging information after deliberations had begun failed to convince the Court of Appeals of Indiana that his three felony convictions should be overturned.
COA affirms summary judgment rulings in Westfield project dispute, but stays distribution of road funds pending commercial court decision
A Richmond bank’s mortgage interest, in its entirety, takes priority in a complex land project case involving multiple developers, contractors and the city of Westfield, the Court of Appeals of Indiana ruled Friday.
Contempt ruling involving adult theater in Clarksville overturned
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.