COA reverses, remands to set aside expired body attachment writ
A body attachment writ was expired when its subject was arrested, the Court of Appeals of Indiana ruled in reversing the denial of the subject’s motion to set aside the writ.
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COA splits, reverses in divorce case after ‘flagrant injustice’ to pro se wife
A trial court should have admitted a woman’s prenuptial agreement into evidence in her divorce case, and its failure to do so resulted in a “flagrant injustice,” a split Court of Appeals of Indiana ruled in a Tuesday reversal.
COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
COA reverses, rules mother’s petition was sufficient to raise SIJ status for child
A mother’s motion to amend language in her paternity judgment to conform with her child’s federal immigration petition requirement should have been granted, the Court of Appeals of Indiana ruled Wednesday.
Landlord showed ‘procedural bad faith’ in appeal, COA rules in remanding for award of attorney fees
A landlord’s appeal of a small claims judgment against him was “permeated with procedural bad faith,” the Court of Appeals of Indiana ruled Monday in affirming the lower court’s decision.
Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.
Reversal: Mother’s previous abandonment of children doesn’t rebut parental presumption in grandparent custody case
A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
7th Circuit finds felon-in-possession convictions to be multiplicitous
Two felon-in-possession convictions were multiplicitous, the 7th Circuit Court of Appeals has ruled, but a defendant’s other challenges to his drug-related convictions and sentence failed.
Probation department entitled to quasi-judicial immunity on estate’s negligence claim, COA rules
The Marion Superior Court Probation Department is entitled to immunity against the negligence claim brought by the estate of a man who was killed by a juvenile on probation, the Court of Appeals of Indiana has ruled.
COA rejects 4th Amendment arguments but finds insufficient evidence to support marijuana conviction
A man convicted of drug charges could not convince the Court of Appeals of Indiana that meth-related evidence was improperly admitted at his trial, but he did prevail on his argument that there was insufficient evidence to support a marijuana conviction.
Grandfather can proceed with visitation petition, COA rules in reversal
A grandfather may proceed with his petition for visitation with his grandchild, the Court of Appeals of Indiana has ruled in reversing the dismissal of that petition.
COA allows nurse’s med-mal complaint against doctor to continue
A nurse who contracted a skin infection through her work at a Hobart hospital can pursue a medical malpractice complaint against a physician, the Court of Appeals of Indiana ruled in a Thursday reversal.
IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance
A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.
‘It’s 2023, for heaven’s sake’: 7th Circuit orders district court to consider reasonableness of wheelchair-accessible ramp at Shelbyville Post Office
A woman in a wheelchair fighting for a ramp at her local post office will be able to make her argument in court after the 7th Circuit Court of Appeals vacated summary judgment for the United States Postal Service, which so far has refused to build the ramp.
Justices order new sentencing hearing for man hospitalized on sentencing date
A man whose child molesting sentence was handed down while he was in the hospital did not waive his right to be present at sentencing, the Indiana Supreme Court ruled Thursday in vacating the sentence and ordering a new hearing.
On remand, federal judge denies habeas relief for man convicted of killing IU student Behrman
After previously overturning the conviction of the man convicted of murdering Indiana University student Jill Behrman, the Indiana Southern District Court on remand has declined to grant habeas relief to John Myers a second time.
Criminal contempt defendants entitled to appointment of mental health experts, COA rules
Defendants facing criminal contempt are entitled to the same statutory protections as other criminal defendants, including the right to the appointment of mental health experts, the Court of Appeals of Indiana ruled in a Tuesday reversal.
School district, ex-wrestling coach who slapped student win summary judgment in federal court
A former high school wrestling coach who slapped a student and the school district he worked for have won summary judgment in federal court on claims filed by the student and her mother.
No proof man intended to deal meth, split COA rules in reversal
There was no evidence that a man intended to sell the methamphetamine found in his possession during a traffic stop, a split Court of Appeals of Indiana ruled Wednesday in reversing a dealing conviction.