COA affirms trial court in siblings’ estate squabble
The Indiana Court of Appeals in an interlocutory appeal has affirmed for a brother in a sibling squabble over Southern Indiana real estate and property left by their mother after her death.
Indiana Court of Appeals
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Appeals court slams due process violations in TPR cases: ‘This must stop’
Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.
Man loses PCR bid against criminal contempt sentences
A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.
Indiana Court Decisions – May 7-19, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Zooming in: Lawyers describe pros and cons in remote oral arguments
Though there have been some technical hiccups, lawyers report generally positive experiences with remote appellate oral arguments. Even so, some advocates say the most impactful arguments are made in person.
Community Health wins partial reversal in family records dispute
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
Lawyer-photographer loses appeal of copyright dismissal, must pay more fees
A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.
COA: Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.
COA affirms $2.4 million verdict for Hoosier farm in herbicide dispute
The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.
Senior COA Judge Michael Barnes dies, leaving public service legacy
Senior Indiana Court of Appeals Judge Michael Barnes died Friday morning in South Bend, leaving a legacy of more than 40 years in public service.
COA hears first virtual argument with minor technical hiccups
Although they appeared to be sitting side-by-side per usual, the three appellate judges hearing the Indiana Court of Appeals’ first-ever remote oral arguments on Thursday were certainly far apart.
Supreme Court reversal: Drug dealer didn’t knowingly waive right to appeal sentence
A man convicted of felony drug dealing will now be able to appeal his 12-year sentence after the Indiana Supreme Court on Friday determined his appellate waiver was not knowing and voluntary.
COA partially reverses for security supervisor in police impersonation, defamation dispute
The Indiana Court of Appeals has partially reversed in favor of a man who claimed his former employers defamed him after he started his own company, leading to a criminal proceeding that resulted in his acquittal.
COA prepares for first-ever virtual argument
The Indiana Court of Appeals’ first remote argument is scheduled to take place Thursday, just one week after the Indiana Supreme Court took an unprecedented step by hearing oral arguments through videoconference.
Indiana appellate courts extend certain emergency relief through June 14
A joint order from the Indiana Supreme Court and Indiana Court of Appeals extended emergency relief that was previously set to run through May 18. The extension comes as a result of the ongoing public health emergency posed by COVID-19.
COA affirms child-molesting convictions despite polygraph exam dispute
A Clay County man’s child molesting conviction was upheld on Wednesday despite his argument that the results from his polygraph test shouldn’t have been admitted as evidence.
Justices reduce sentence for man convicted of rape
In granting a petition to transfer, Indiana Supreme Court justices lowered a man’s sentence after he was convicted of three counts of felony rape. A dissenting justice, however, would have denied transfer in the case.
COA affirms post-retirement survivor benefits for ex-military spouse
A Hamilton County woman is entitled to a post-retirement survivor benefit offered by her ex-husband’s military retirement program, the Indiana Court of Appeals affirmed Tuesday.
Reversal: No excusable neglect by insurer in car crash suit
The Indiana Court of Appeals has reversed in a car crash case after finding a party in the suit should not have been granted a motion to set aside based on excusable neglect.
Reversal: US citizenship not required to obtain a name change
Citizenship in the United States is not required in order to obtain a name change, the Indiana Court of Appeals ruled Monday, reversing a trial court and ruling for two transgender men.