IN Supreme Court holding ‘Night Court’ for legislators in February
The Indiana Supreme Court is set to host its first “Night Court for Legislators” next month for members of the Indiana General Assembly.
Indiana Court of Appeals
Articles
Wadle test finds man’s sex crime convictions involved mutually exclusive acts
A man’s convictions for different forcible sexual acts against a woman following a concert did not constitute double jeopardy, the Court of Appeals of Indiana ruled Friday in affirming a lower court’s decision.
COA rebukes trial judge in reversing custody order
While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary.
COA affirms denial of mother’s request to relocate to Utah
A mother who appealed the denial of her requests to relocate to Utah with her child has failed to convince the Court of Appeals of Indiana that the trial court erred in its custody determinations.
Denial of motion to replace counsel on morning of sentencing was not error, COA affirms
A man’s displeasure with his appointed counsel in a manslaughter case did not require a trial court to replace the public defender the morning of a sentencing hearing, the Court of Appeals of Indiana affirmed Wednesday.
Split COA affirms denial of PCR to woman with intellectual disabilities convicted of child molesting
A woman with intellectual disabilities whose sentence for child molesting was already cut in half failed in her bid to convince the Court of Appeals of Indiana that she was entitled to post-conviction relief.
Marijuana, meth convictions reversed for insufficient evidence, double jeopardy
The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.
Merrillville municipal judge loses summary judgment appeal in litigation over court’s closure
In the continued litigation over whether and when the Merrillville Town Court should be shut down, the court’s judge has lost his appeal of a summary judgment ruling in favor of the town council’s passage of an ordinance on the court’s eventual closure.
IN Supreme Court rejects summary judgment for owner of fitness facility where swimmer suffered head injury
The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.
COA to hear false impersonation case at Terre Haute high school
The Court of Appeals of Indiana will be traveling west this week to hear oral arguments in case in which a man falsely impersonated a detective.
Indiana Court Decisions: Dec. 14-27, 2023
Read Indiana appellate court decisions from the most recent reporting period.
IN Supreme Court affirms default judgment against pool company in breach of contract, fraud case
A pool building company’s failure to timely respond to a customer’s complaint justified a trial court’s order to grant a motion for default judgment in favor of the St. Joseph County man, the Indiana Supreme Court affirmed Tuesday.
Man’s identity deception conviction does not violate state’s proportionality clause, COA affirms
A Greene County man’s conviction for identity deception will stand, the Court of Appeals of Indiana affirmed Friday
COA upholds search warrant underpinning child molesting convictions
A Greenwood police detective sufficiently established probable cause for a search warrant for a man’s home where the man was suspected of downloading child pornography, the Court of Appeals of Indiana affirmed Friday.
‘Procedural irregularities’ in serving mother results in voiding of order to terminate parental rights
A failure to properly serve a mother with notice of a hearing voided an order that terminated the mother’s parental rights to her child, the Court of Appeals of Indiana ruled in a reversal Friday.
Defendant’s right to speedy trial not violated by continuance, COA affirms
A man’s appointed counsel agreed to the rescheduling of his trial beyond a 70-day deadline and did not raise an objection, so his right to a speedy trial was not violated, the Court of Appeals of Indiana affirmed Friday.
Litigation in Terre Haute housing project dispute must be stayed pending arbitration, COA rules in reversal
A general contractor and insurance company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by a housing developer should not have been denied, the Court of Appeals of Indiana ruled Wednesday in reversing a trial court’s order.
COA reverses summary judgment order in case involving IU student hit by falling window
Whether a window that fell and struck an Indiana University student in a campus building was under the control and management of the university constitutes a genuine issue of material fact, the Court of Appeals of Indiana ruled in reversing a lower court’s decision to grant summary judgment.
Justices split in denying transfer to case where sexual misconduct convictions were overturned
The Indiana Supreme Court denied transfer to 16 cases last week, splitting in the denial to one case involving a man whose convictions of sexual misconduct with a minor were overturned on double jeopardy grounds.
Proper statutory framework not used in granting of parental rights termination order, COA rules in reversal
The Court of Appeals of Indiana reversed an order to terminate an incarcerated man’s parental rights Thursday, ruling that a lower court interpreted the phrase “act of rape” too broadly and didn’t consider whether the man committed an act described in the state’s rape statute.