Appeals court lets stand contested court order for I-69 land
A Morgan County couple lost their challenge of a court order appropriating land in which they had an easement interest for the construction of the new final leg of Interstate 69.
Indiana Court of Appeals
Articles
Man who missed trial loses OWI appeal
A man convicted of a drunken driving charge despite not being present at his own trial has failed to convince the Indiana Court of Appeals that his convictions should be overturned.
COA commitment for woman with anorexia seen as rare
In a move not typically seen, the Indiana Court of Appeals extended a Hoosier woman’s temporary involuntary commitment solely based on an eating disorder that doctors said was causing her severe malnutrition.
Conspiracy conviction vacated as double jeopardy in Muncie murder
Despite there being sufficient evidence to support a man’s conspiracy and murder convictions, the conspiracy conviction must be vacated on double jeopardy grounds, the Indiana Court of Appeals has ruled.
On rehearing, appellate court reaffirms ruling against animal shelter
An Indianapolis animal shelter still must face a negligence lawsuit from a family whose daughter was mauled by an adopted dog after the Indiana Court of Appeals reaffirmed its reversal of summary judgment for the shelter on Wednesday. The appellate court granted rehearing for the limited purpose of clarifying the issues of fact that preclude summary judgment.
Mother’s voluntary termination of rights reversed for lack of advisement
A Henry County mother will get the opportunity to challenge the voluntary relinquishment of her parental rights after the Indiana Court of Appeals found that she was not given a proper advisement before signing a relinquishment form.
Rush scraps live State of the Judiciary, will offer video message due to COVID-19
The annual State of the Judiciary address will not be delivered in person to the Indiana General Assembly this year due to COVID-19, the Indiana Supreme Court has announced. Instead, Indiana Chief Justice Loretta Rush will submit a written report and video message.
Kidnapper who brutalized, ransomed woman gets convictions reduced but sentence stands
A man convicted in a violent kidnapping scheme successfully had two of his felony convictions overturned on double jeopardy grounds, though the Indiana Court of Appeals declined on Tuesday to find an abuse of discretion in the consecutive sentences he received.
Summary judgment for cemetery affirmed after parents’ fall
A couple injured while visiting their daughter’s grave will not be able to reinstate their negligence action against the cemetery where their daughter is interred after the Indiana Court of Appeals upheld summary judgment for the cemetery.
Murder, robbery convictions upheld despite contested dying declaration
A man sentenced to more than 150 years in prison for murder and robbery convictions could not convince the Indiana Court of Appeals that a contested dying declaration undermined his convictions and required reversal.
Courts not seeking more funds in 2021
Given the economic toll the COVID-19 pandemic has taken on Indiana’s budget, the Indiana Supreme Court is not requesting additional funding in the next biennial budget that will be drafted during the 2021 Legislative session. Instead, the court is asking the General Assembly to keep funding steady and has reverted funds to the state through pandemic-related savings.
Makris: Review of notable Indiana property division cases in 2020
In 2020, the Indiana Court of Appeals issued three notable decisions relating to the division of property in dissolution of marriage cases. From the interpretation of asset appreciation in premarital agreements to the admissibility of mediation evidence in actions to avoid or enforce a settlement agreement, the following are three cases that provide valuable takeaways for family law practitioners.
Man loses post-conviction appeal seeking probation, not parole
A man who unsuccessfully argued that he should be released to parole rather than probation failed to persuade the Indiana Court of Appeals on Thursday.
Ruling awarding dad joint custody tossed for lack of findings
The ruling of a Marion County judge that awarded a father joint physical custody lacked sufficient reasoning and was reversed on appeal Thursday.
Indianapolis’ Amazon offer can remain secret, COA affirms
Indianapolis’ offer of taxpayer money and financial incentives in an unsuccessful attempt to lure a coveted second Amazon headquarters can remain secret, the Indiana Court of Appeals has ruled, rejecting an appeal by a tax trade publication that argued the offer must be disclosed as a public record.
Meth convictions upheld despite rewritten jury instructions
A trial court that rewrote the jury instructions offered by the Indiana Supreme Court proves everybody is an editor, but the Indiana Court of Appeals ruled the editing did not create an error that would overturn the defendant’s convictions.
COA splits on damages award in nursing home’s breach of warranty dispute
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
Scott County party barn lawsuit untimely, COA affirms
A panel of the Indiana Court of Appeals has affirmed for the Scott County Board of Commissioners and other defendants in a dispute brought by a farm owner who dislikes the idea of having a barn event venue constructed next to her home.
COA affirms judgment to Menard, Inc. following motorcycle crash
The Indiana Court of Appeals has affirmed a judgment favoring Menard, Inc. following a Southern Indiana motorcycle crash that occurred when a couple hit a wooden pallet in the middle of the road, injuring one rider.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.