Enhanced consecutive sentences upheld in fentanyl overdose case
A man who sold fentanyl-laced heroin to his friend that resulted in the buyer overdosing will keep his enhanced consecutive sentences, the Court of Appeals of Indiana has concluded.
Judge Edward W. Najam Jr.
Articles
COA affirms for mom in false reporting child abuse case brought against father, girlfriend
The Court of Appeals of Indiana has upheld a nearly $300,000 judgment in favor of a mother who sued her ex-husband and his new girlfriend for making a false claim of child abuse against her.
JNC to interview 9 candidates in July for Najam vacancy on COA
The Indiana Judicial Nominating Commission on July 11 will interview nine judges and lawyers who have applied to fill an upcoming vacancy on the Court of Appeals of Indiana.
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
COA upholds admission of subsequent bad acts in domestic violence case
A trial court didn’t abuse its discretion when it admitted evidence of subsequent bad acts committed by a Fort Wayne man who continued to abuse his girlfriend after his arrest, the Court of Appeals of Indiana has ruled.
Applications open for upcoming COA vacancy
Applications to fill the seat of retiring Court of Appeals of Indiana Judge Edward W. Najam Jr. are now available, the Indiana Supreme Court announced Wednesday.
Woman who lost consciousness while driving not liable for motorist’s negligence claim, COA affirms
A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.
Najam formally announces retirement from COA
Court of Appeals of Indiana Judge Edward W. Najam Jr. has officially announced his plans to retire during the summer of 2022.
Traveling actor didn’t meet criteria to receive CARES benefits, COA affirms
A self-employed traveling actor from New York shouldn’t have received pandemic unemployment assistance in Indiana via the CARES Act, the Court of Appeals of Indiana has affirmed, but not because of where her last employer was located.
Zionsville mayor can’t demote fire chief without town council’s approval, COA affirms
The mayor of Zionsville cannot unilaterally demote the town’s fire chief without approval from the town council, the Court of Appeals of Indiana has affirmed.
Legislators honor COA Judge Najam ahead of retirement
State legislators honored longtime Court of Appeals of Indiana Judge Edward W. Najam Jr. for his decades of service last week in anticipation of his upcoming retirement.
Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.
COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
Appellate court upholds $80k award for icy slip-and-fall accident victim
A Mooresville apartment complex could not convince the Court of Appeals of Indiana that it was not responsible for the injuries caused to a visitor during an icy slip-and-fall accident on its property.
Trial court double counted when awarding damages to auto financier, appellate court finds
The Marion Superior Court erred in calculating damages awarded to a vehicle-financing company but correctly determined an auto seller wasn’t guilty of conversion, the Indiana Court of Appeals has ruled.
COA Judge Kirsch honored at retirement ceremony
On Thursday, a retirement ceremony was held for retiring Indiana Court of Appeals Judge James Kirsch in the Indiana Supreme Court courtroom at the Statehouse in Indianapolis.
COA rejects perjury, ineffective assistance arguments in convicted murderer’s post-conviction appeal
Post-conviction relief will not be given to a convicted murderer who accused a prosecutor of suborned perjury and his appellate counsel of being ineffective, the Indiana Court of Appeals has affirmed.
COA: Auto supplier breached contract with recruiting service
A trial court erred in awarding judgment to an automotive supplier over a recruiting company in a breach of contract complaint, the Indiana Court of Appeals has ruled.
COA affirms denial of $8K attorney fee award in small claims case
The Indiana Court of Appeals has affirmed the denial of a man’s request for $8,000 in attorney fees in a small claims case after roughly $350 was deducted from his paychecks for damaging a client’s property.
COA: Greenwood law firm didn’t commit fraud, but disciplinary grievances dismissed too quickly
A Greenwood law firm did not commit fraud when an unlicensed representative consulted with an Indianapolis woman for legal services, the Indiana Court of Appeals has ruled. However, the appellate panel opined that disciplinary grievances filed as a result of the alleged fraud were dismissed too quickly.