COA affirms PCR denial for man’s multiple stalking convictions
A man convicted of multiple stalking charges has failed in his bid for post-conviction relief.
Indiana Court of Appeals
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Applications open for Indiana Court of Appeals spot
Lawyers and judges interested in applying for an upcoming vacancy on the Indiana Court of Appeals bench may now do so, the Indiana Supreme Court announced Friday.
Small-claims damages award upheld in cabin eviction appeal
A woman who was evicted from a rustic Brown County cabin for unpaid rent lost her appeal Friday that argued in part the $1,500 damages award to her former landlord was excessive.
Parents’ gender-marker change requests for transgender kids splits COA
Two Indiana trial courts must reconsider parents’ requests to change their children’s birth certificate gender markers, a majority of the Indiana Court of Appeals ruled Wednesday, finding parents have statutory authority to request the changes for their minor transgender children. A dissenting judge, however, opined that Wednesday’s decision was a judicial overreach into legislative powers.
Justices reverse, find for Bloomington in ex-IU frat house spat
The Indiana Supreme Court on Tuesday reversed lower court decisions against the city of Bloomington, upholding zoning orders requiring residents to vacate a fraternity house that Indiana University no longer recognized. Justices noted the ruling may apply in college and university towns throughout the state.
Teen sentenced to life without parole wins resentencing
A man convicted as a teen of murdering his 10-year-old brother will get a new sentencing hearing after the Indiana Court of Appeals found his representation “wholly deficient” at his first sentencing hearing that led to his sentence to life without parole.
Appeals court upholds mom’s 40-year neglect sentence in toddler’s death
The mother of a child whose boyfriend was sentenced to life in prison without parole in the 18-month-old’s death failed to show in her appeal that she was wrongly convicted and sentenced to 40 years in prison for her role in the child’s brutalization and death.
Revisiting foreclosure case, COA reaffirms money judgment
A $112,000 money judgment originally upheld in 2019 has been reaffirmed in a second appellate decision issued in the case Tuesday.
COA reverses denied expungement for Elkhart County man
A man who was denied a petition to expunge his criminal record had the pendulum swing in his favor on Tuesday after an appellate panel reversed to grant his expungement request.
COA reinstates small claims case after COVID cancelation of vacation
A small claims case arising from a COVID-canceled vacation will return to the trial court after the Indiana Court of Appeals found dismissal was improper.
Appellate courts to hear med-mal, disability cases next week
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
Grandparent visitation order remanded in dispute with guardians
A court order granting a Johnson County grandmother overnight visitation with her 4-year-old grandchild lacked the required statutory findings to support it, but the Indiana Court of Appeals in a first-of-its-kind ruling involving a child’s guardians found enough evidence to let the order stand while remanding for more conclusive findings.
ISBA opposes bill to change judicial selection in Lake, St. Joseph counties
For the second time this year, the Indiana State Bar Association is publicly opposing legislation targeting judicial selection in Indiana, this time speaking against a bill that it says would “unnecessarily change a working system” for judicial selection in Lake and St. Joseph counties.
Appeals court rejects bid to cut 120-year sentence in Gary double-slaying
A Gary man convicted of a 2003 double-murder failed to convince an appeals panel that his 120-year sentence should be reduced. The Indiana Court of Appeals rejected the arguments Wednesday.
COA upholds denial of grandparents’ adoption petition
A request by grandparents to adopt a grandson found to be a child in need of services was properly denied, the Indiana Court of Appeals ruled Wednesday, upholding a trial court’s determination that adoption was not in the child’s best interests.
Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection
By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.
Appellate court rules for insurer in coverage dispute
Summary judgment has been upheld for an insurer who denied coverage on the basis of an invalid lease, even though the insurer had partially granted coverage when the claim was originally filed.
Appellate court increases attorney fee award in second appeal of employment dispute
The former employee of a medical device manufacturer has once again prevailed in a years-long employment case, with the Indiana Court of Appeals ordering an increase in the amount of attorney fees the employer must pay its former employee.
HOA tax refund dispute to stay in trial court for now, COA rules
Despite being based in Indiana tax law, a motion to compel Marion County taxing officials to rule on refund requests by two homeowners associations must continue in trial court until a final determination on the refunds is reached.
COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.