Appellate court to hear oral arguments for three cases, including fatal IndyGo accident
The Indiana Court of Appeals will be hearing oral arguments for three cases next week, with two hearings on the road and one at the Indiana Statehouse.
Judge Paul D. Mathias
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On the same page: Odyssey CMS now in all 92 counties
As of Dec. 13, 2021, Odyssey was implemented in all 92 Indiana counties following Randolph County’s switch.
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Articles
Church not protected from negligence claim because accident occurred in non-worship area, court rules
The Indiana Court of Appeals ruled that certain liability protections apply only to church property “used primarily for worship services.”
Grandfather’s child molesting conviction reversed, appellate court remands for further proceedings
The Indiana Court of Appeals reversed a grandfather’s child molestation convictions Monday, finding the child’s statements violated Indiana Supreme Court precedent.
Appellate court affirms convictions, habitual offender adjudication following community emergency
The state proved beyond a reasonable doubt that a Clark County man knowingly exerted unauthorized control over a motor vehicle and provided sufficient evidence for his felony auto theft conviction, the Indiana Court of Appeals affirmed Monday.
COA declines to order injunction against ex-husband accusing ex-wife of criminal conduct at work
An ex-husband’s claims that his ex-wife engaged in criminal activity at her job are protected by the First Amendment, the Court of Appeals of Indiana has affirmed.
New trial ordered in custody dispute
A new trial has been ordered in a Warrick County custody dispute after the Court of Appeals of Indiana determined that a successor judge abused her discretion when ruling based only on a review of prior transcripts.
Appellate court upholds murder conviction despite defendant’s competency, evidentiary arguments
A man convicted of murder failed to convince the Court of Appeals of Indiana that the absence of a full competency hearing and the admission of certain evidence undermined his conviction.
COA reverses summary disposition of PCR petition, orders evidentiary hearing on delayed parole hearing
A trial court must hold a hearing to determine whether the state can show good cause for the delay in a probation revocation hearing, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Indiana Law Enforcement Training Board must admit Marion Co. deputies to de-escalation training, COA affirms, but ‘unnecessary dicta’ vacated
The Indiana Law Enforcement Training Board must admit Marion County sheriff’s deputies into its de-escalation training program, the Court of Appeals of Indiana ruled Thursday, upholding a special judge’s ruling in favor of the Marion County Sheriff’s Office.
Review of expired commitment order not moot, COA rules in affirming commitment
The negative collateral consequences a patient potentially faces from an involuntary temporary commitment order makes review of an expired order “meaningful” and not moot, the Court of Appeals of Indiana ruled, though it ultimately affirmed the commitment.
Expired involuntary commitment appeal not moot, but COA affirms commitment order
A man’s appeal of his expired temporary involuntary commitment order was not moot, the Court of Appeals of Indiana ruled Thursday. However, the COA also affirmed a trial’s court judgment that granted a petition for the man’s commitment.
COA affirms dismissal of ‘ill will’ complaint filed after rejection of construction bid
A trial court ruled correctly when it granted the Brown County Board of Commissioners’ motion to dismiss a contractor’s complaint in a case centered around bidding for a hiking trail, the Court of Appeals of Indiana affirmed Friday.
‘People deserve kindness and respect’: Experienced lawyers dish advice for new lawyers
From not getting bogged down by the idea of winning cases to taking a step back to put their health and families first, experienced attorneys and judges are offering advice for new lawyers just beginning their practices.
Inability to travel during pandemic gave man right to rescind Florida rental contract, split COA rules in reversal
An Indiana man prohibited by state order from traveling to a Florida vacation home during the COVID-19 pandemic had a right to rescind his rental contract, a split Court of Appeals of Indiana ruled Wednesday in reversing a small claims court’s decision.
Protection order properly dismissed after transfer, COA affirms
A magistrate judge did not err in dismissing a protection order previously granted by a different court, the Court of Appeals of Indiana has affirmed.
COA reverses setting aside of tax deed, finds ‘constitutionally adequate’ notice
The failure of two property owners to receive any of the multiple notices sent to them regarding the tax sale of their property did not create an “exceptional” case warranting the setting aside of the tax deed, the Court of Appeals of Indiana has ruled.
Trial court erred in awarding damages to landlord, COA finds
A landlord was not entitled to damages and was ordered to return a security deposit after the Court of Appeals of Indiana found error at the trial court.
COA grants rehearing, reaffirms that constitutional violations were harmless
The Court of Appeals of Indiana granting rehearing Monday to a criminal recklessness case to clarify its reasoning as to why a constitutional violation was harmless error.
COA remands for reexamination of criminal cash forfeiture
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
COA reverses contempt finding, awards credit time to appellant
The Court of Appeals of Indiana has reversed a contempt finding and ordered that the defendant be awarded credit time for the 28 days she spent in custody for contempt of court.