Indiana Court of Appeals - The Indiana Lawyer

Justices: Juvenile convicted of attempted murder failed to show parent ‘essential’

March 25, 2021 | Olivia Covington

When juvenile defendants are tried in adult court, parents who are also witnesses may be excluded from witness-separation orders if their children establish them as “essential” to the presentation of evidence, the Indiana Supreme Court has ruled. However, applying that holding to the facts of the case before them, justices concluded an Elkhart County teen failed to establish his mom was “essential” to his attempted murder defense.

Appellate panel upholds child molesting conviction despite evidence error

March 25, 2021 | Olivia Covington

Despite the erroneous admission of evidence related to pornography, a Huntington County man is not entitled to a new trial on his child molesting conviction, the Indiana Court of Appeals has ruled.

COA upholds admission of medical bills in $0 pain-and-suffering verdict

March 24, 2021 | Olivia Covington

Evidentiary rulings that led to a $0 jury verdict for a man who was injured in a car crash were upheld Wednesday by the Indiana Court of Appeals. The case drew participation from the Indiana plaintiff and defense bars.

Justices agree to hear appeal in Menards negligence dispute

March 23, 2021 | Olivia Covington

A ruling from the Indiana Court of Appeals that partially entered judgment in favor of a Menards store in a customer’s personal injury suit will go before the Indiana Supreme Court after the justices granted transfer to the case last week.

Lake, St. Joseph judicial selection bill set for hearing Wednesday

March 23, 2021 | IL Staff

Legislation that has drawn fire from bar associations and members of the legal community who say proposed changes to judicial appointments would politicize the trial court benches in Lake and St. Joseph counties will be heard Wednesday by a Senate committee.

COA rejects vagueness, sufficiency arguments against domestic violence conviction

March 19, 2021 | Olivia Covington

The Indiana Court of Appeals has upheld a domestic battery conviction against a man who claimed he wasn’t actually married to his victim. The panel also rejected arguments that the statute was unconstitutionally vague.

Indianapolis loses appeal of order to permit Hustler Hollywood store

March 19, 2021 | Olivia Covington

The city of Indianapolis has lost its appeal in years-long litigation against Hustler Hollywood, which has been trying for more than four years to open a store in the Circle City. The Indiana Court of Appeals on Friday upheld a lower court ruling ordering the city to issue permits to the adult entertainment company.

Woman denied counsel gets new trial on marijuana charge

March 18, 2021 | Olivia Covington

A woman whose request for appointed counsel was denied will receive a new trial on her misdemeanor marijuana conviction after the Indiana Court of Appeals determined her constitutional right to counsel was violated.

IU wins reversal in students’ mold-infestation lawsuit

March 17, 2021 | Olivia Covington

Indiana University Bloomington claimed a victory in the legal fight over mold infestation in dorms, convincing the Indiana Court of Appeals to overturn the denial of the school’s summary judgment motion on all tort claims brought by the affected students.

Letter to the editor: Proposed changes to merit selection may prove judicious

March 17, 2021

Your publication recently printed an article discussing the Indiana State Bar Association’s objections to Indiana Senate Joint Resolution 16. The bar association’s complaint about SJR 16, and the slant of the article, is that the resolution proposes to “strip” Hoosier voters of the power to retain Indiana appellate court judges and Supreme Court justices. I do not believe that complaint is well-founded.

Indiana Court Decisions – Feb. 25-March 10, 2021

March 17, 2021

Read Indiana appellate court decisions from the most recent reporting period.

Parole revocation affirmed for molester after ‘unapproved’ relationship

March 16, 2021 | Dave Stafford

A man whose parole from a child molesting sentence was revoked after he had an “unapproved romantic relationship” lost his appeal Tuesday, with the Indiana Court of Appeals holding he confused the conditions of parole and probation revocation.

Kids living with grandmother insufficient to halt CHINS case

March 15, 2021 | Dave Stafford

A mother’s argument that her children were not in need of services because they were being cared for by their maternal grandmother was insufficient to halt the CHINS proceedings, the Indiana Court of Appeals ruled Monday.

Appellate panel reverses, reinstates grandson’s will contest

March 11, 2021 | Olivia Covington

A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.

Fired atheist teacher loses appeal alleging school broke confidentiality

March 11, 2021 | Dave Stafford

A middle-school German teacher who settled a lawsuit claiming he was fired because he was an atheist failed to prove Middlebury Community Schools violated confidentiality terms of the settlement, the 7th Circuit Court of Appeals ruled Thursday.

In 3-2 split, justices deny woman’s self-defense claim in murder

March 11, 2021 | IL Staff

An Indianapolis woman who was convicted of murder after her manslaughter plea was rejected when she claimed self-defense could not persuade a majority of the Indiana Supreme Court last week to hear her appeal.

Ex-wife loses appeal in property, contempt dispute

March 10, 2021 | Olivia Covington

A woman who sought to hold her ex-husband in contempt for failing to sell or refinance their family home has lost her appeal of the contempt denial, with the Indiana Court of Appeals noting the woman repeatedly “thwarted” the man’s attempts to comply with their dissolution agreement.

COA splits on whether email was contract between apartment owner, vendor

March 10, 2021 | Olivia Covington

A settlement offer received via email between a former apartment owner and a service vendor was an enforceable contract, a majority of the Indiana Court of Appeals has affirmed. A dissenting judge, however, would reverse the order requiring the parties to be bound by the terms of a March 2016 email exchange.

Indy TV station loses public records dispute against Hamilton Southeastern schools

March 10, 2021 | Olivia Covington

A Hamilton County school district fulfilled its public disclosure duties when it provided information about a suspended employee’s discipline and personnel history, even though the district did not provide specific personnel records, the Indiana Court of Appeals has ruled. The appellate court used its Wednesday decision to call on the Indiana General Assembly to provide more clarity in how public agencies should respond to public records requests.

Developer may water ski but not build dock on lakefront property, COA rules

March 9, 2021 | Olivia Covington

A developer who sold his property in the lakefront subdivision he developed cannot now build a dock on that lake, even though he has lifetime rights to ski there, the Indiana Court of Appeals affirmed in a Tuesday opinion.

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