COA splits in reversing delinquency adjudication for auto theft
A split appellate panel has reversed a teen’s delinquency adjudication for auto theft, finding insufficient evidence to support the adjudication.
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Articles
COA reverses attempted murder, unlawful possession convictions for man who fired gun with police present
A Bargersville man will have another chance to convince a jury he wasn’t trying to kill a police officer when he drunkenly fired a handgun in his apartment complex after the officer arrived on scene.
Patient’s suit against Community Health moves ahead after diagnosis shared online
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.
Ball State student may proceed in COVID breach-of-contract class action against university
A student’s class-action lawsuit filed against Ball State University for COVID-related closures can proceed, the Court of Appeals of Indiana has ruled.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
Reversal: Joint custody not supported, trial court must choose which parent will get sole custody
The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
Indiana Supreme Court tosses decades-old precedent protecting police work product
The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.
COA: Moot involuntary commitment order was appropriate
A woman who was permitted to challenge her involuntary commitment order by the Indiana Supreme Court did not sway the Court of Appeals of Indiana on remand from its original decision after it concluded again that her temporary commitment was appropriate.
Appellate court reverses probation revocation for man denied due process, orders new hearing
A man will get a new hearing after the Court of Appeals of Indiana concluded the Marion Superior Court violated his due process rights by not properly advising him during probation revocation proceedings.
COA: Property owners waited too long demand house be removed
In a ruckus between neighbors started by a corner of a house and a brown shed that are both over the property line, the Court of Appeals of Indiana toppled the trial court ruling and found the homeowners had title to the disputed property through adverse possession.
COA: Deferred pension distribution not an error, but trial court should’ve protected wife’s portion until ex’s retirement
A trial court did not err in deferring the distribution of a man’s pension to his ex-wife until he retires, but it did err in failing to protect the ex-wife’s portion of the pension, the Court of Appeals of Indiana has ruled.
Reversal: Inmate fired for attending prayer service didn’t miss step in grievance process
An inmate who filed a First Amendment complaint after he was fired from his prison job for going to a prayer service instead of work can proceed with his case against a prison officer after the 7th Circuit Court of Appeals reversed summary judgment for the officer.
COA: Trial court incorrectly set aside default judgement
The Court of Appeals of Indiana has reinstated default judgment against a man who had previously won a reversal of that judgment but who failed to address the counterclaims against him.
7th Circuit vacates conspiracy conviction for drug dealer who didn’t understand charge
The 7th Circuit Court of Appeals has vacated and remanded a drug dealer’s conviction of conspiracy as well as his sentences after concluding a district court failed to clear up any confusion regarding his guilty plea.
After SCOTUS ruling, 7th Circuit vacates permanent injunction, remands Westfield billboard dispute
The 7th Circuit Court of Appeals has vacated a permanent injunction against a Westfield billboard ordinance following a U.S. Supreme Court opinion that “bears heavily” upon the case.
7th Circuit allows ‘innocent property owners’ to have their day in federal court
A woman claiming interest in property subject to forfeiture due to her husband’s fraud conviction will get the chance to make her case after the 7th Circuit Court of Appeals reversed and remanded the denial of her petition to adjudicate property interest. But at least one piece of the property at issue can be sold, the appellate court affirmed.
COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation
Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.
7th Circuit chastises Northern Indiana District Court for plain error in sentencing
Finding the error in sentencing affected the “fairness, integrity, and public reputation of the proceedings,” the 7th Circuit Court of Appeals has vacated a judgment and remanded an Indiana man’s sentence on federal drug charges because the district court failed to properly calculate the incarceration time under the First Step Act.
COA reverses man’s resisting conviction due to lack of evidence
The Court of Appeals of Indiana has partially reversed for a Greencastle man after it concluded testimony from a sheriff’s deputy wasn’t enough evidence for a resisting law enforcement conviction.
COA affirms convictions of man who attempted to rape granddaughter, but remands for clarification
While the Court of Appeals of Indiana didn’t overturn a Logansport man’s convictions for attempting to rape his granddaughter, the Cass Circuit Court will need to go back and clarify the record on his judgment and sentencing.