COA affirms commitment for woman with anorexia
The Indiana Court of Appeals has affirmed the commitment of a woman diagnosed with the eating disorder anorexia nervosa, finding sufficient evidence that she was both mentally ill and gravely disabled.
Indiana Court of Appeals
Articles
Ruling for homeowner in Indianapolis code-enforcement case reversed
A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.
Violent offender’s appeal seeking COVID-19 release ‘misplaced’
Despite a convicted man’s claims of compromised health that raised his risk of contracting the novel coronavirus behind bars, the Indiana Court of Appeals determined Monday he wasn’t the sort of offender the Indiana Supreme Court had in mind when it urged courts earlier this year to consider release of detainees who posed little risk.
Negligence suit against Carmel assisted living facility reinstated on appeal
A negligence suit against a Carmel assisted living facility in which a resident was seriously injured when a buffet table fell, knocking her to the ground, was reinstated after a Hamilton County court ruled in favor of the assisted living facility.
COA reversal awards Carmel pizzeria owner $197K, potential treble damages
A panel of the Indiana Court of Appeals has reversed a judgment against a Hamilton County pizzeria company’s owner after finding the trial court erred in concluding that he failed to establish money damages for his partners’ acts of forgery and counterfeiting related to the business, among other things, awarding more than $197,000 in damages and over $21,000 in legal fees.
COA: Intelligence text exclusion not abuse of discretion in residential entry case
The Indiana Court of Appeals has affirmed a Lawrence County man’s residential entry conviction, finding the exclusion of his psychological assessment from evidence was not an abuse of discretion.
Justices grant transfer in one case, decline 21 others
Indiana Supreme Court justices declined to hear 21 cases of out 22 petitions for transfer last week, agreeing to hear just one case concerning a man’s lookalike drug-related conviction in a search and seizure dispute.
COA denies state’s bid to get additional money from IBM
Indiana’s argument that although it affirmed, the state’s Supreme Court really intended to reverse the trial court and award more than $4.3 million in post-judgment interest from IBM was met with exasperation from the Indiana Court of Appeals.
Mother’s consent not needed for adoption of kids by stepmom
The Indiana Court of Appeals has affirmed a woman’s petition to adopt her husband’s children, finding sufficient evidence to prove their biological mother failed without justifiable cause to communicate with the children.
Sentencing hearing ordered on remand for man in ineffective assistance appeal
Additional sentencing proceedings have been ordered for a man convicted of child molesting after the Indiana Court of Appeals determined his trial counsel’s performance on his behalf “fell below professional norms.”
COA reverses for couple, against Noblesville in adverse possession dispute
The Indiana Court of Appeals has reversed in favor of two longtime Noblesville residents who exercised control over an abandoned railroad right of way for decades, finding the residents reasonably believed they were paying taxes on the right of way during a period of adverse possession.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.
Appeals court upholds $112M damages judgment for Carmel spine surgeon
The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.
Woman loses appeal of murder conviction over self-defense claim
The murder conviction of a woman whose voluntary manslaughter plea was rejected by a judge after the woman insisted she shot a man in self-defense was affirmed on appeal Monday.
Appeals court affirms mental health commitment order
A man who was found walking barefoot two miles from his home with glass in his feet was not wrongly ordered committed, the Indiana Court of Appeals ruled Monday.
Appeals panel upholds murder, attempted murder convictions
A man who was among a group of armed, masked people who entered a house around 3 a.m. on a November morning four years ago leading to a fatal gun battle lost his appeal of murder and attempted murder convictions Monday.
Split COA affirms denial of claim against hospital in case tied to killing
The widow of a man who was killed by his grandson after numerous mental health treatments lost an appeal of a ruling against her negligence claims against health care providers Monday.
Reversal: Court can’t deny mother visitation without hearing
A mother was wrongly denied her petition for visitation with her daughter who is the subject of a guardianship, the Indiana Court of Appeals ruled Monday. The appellate court remanded the case to give the mother her day in court.
In affirming murder conviction, judge sees double jeopardy ‘dilemma’
The 65-year sentence of a man convicted of murder was affirmed Monday on appeal, but a judge wrote separately to “address a practical dilemma facing appellate courts, lawyers, and litigants” after recent appeals revised longstanding double jeopardy caselaw.
Molest sentence, convictions reduced due to late amended charges
The sentence of a man convicted of child molesting was reduced and some of his convictions were vacated Monday by the Indiana Court of Appeals, which found the filing of top-level felony counts two weeks before the trial began was an abuse of discretion.