COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
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Articles
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
7th Circuit revives bankruptcy collections dispute, overturns little-used ‘transfer’ precedent
The 7th Circuit Court of Appeals has revived a bankruptcy collections dispute, remanding the case to resolve a trustee’s petition to recover funds paid to a creditor. In doing so, the appellate court overturned a 39-year-old precedent.
COA: Trial court erred by forbidding father’s discussion of religion with child
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Appellate court rejects 2nd burglary sentence appeal after previously ordering resentencing
A man who previously convinced the Court of Appeals of Indiana to reduce his burglary conviction and sentence failed Wednesday in his second sentencing appeal.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
COA finds ‘extraordinary circumstances’ in spousal support, Medicaid dispute between wife, FSSA
The Indiana Family and Social Services Administration has prevailed before the Court of Appeals of Indiana in a dispute with a woman whose spousal support order increased the amount of Medicaid funding her incapacitated husband received.
Ex-trustee who worked remotely from camper during COVID wins reversal of 21 theft convictions
The former Wabash Township trustee who was convicted of 21 counts of felony theft after she bought a camper and worked remotely across the country has had her convictions overturned by the Court of Appeals of Indiana.
COA: Trial court erred by striking ‘proper person’ language from expungement order
A trial judge must reissue its expungement order for a defendant who successfully argued that the court’s original order improperly omitted statutory language, the Court of Appeals of Indiana has ruled.
Split COA orders suppression of evidence from traffic stop based on ‘inactive’ registration
A man who was pulled over for having an “inactive” car registration has convinced a split Court of Appeals of Indiana panel that evidence stemming from the stop should be suppressed.
Appellate court provides reprieve to homeowners not notified of tax sale
Citing the requirements of equity and due process, the Court of Appeals of Indiana has reversed a tax sale, finding the homeowners did not receive any notice that their Madison County property was being sold.
COA remands divorce case after mother’s due process rights were violated
A divorcing couple must return to court after the Court of Appeals of Indiana determined the mother’s due process rights were violated in previous court proceedings.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
Multimillion dollar award evaporates under COA review of policy language
A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification.
7th Circuit vacates 10-year sentence after district court wrongly dismisses evidence of drug purity
A split 7th Circuit Court of Appeals has vacated a 10-year prison sentence for a drug dealer after finding a district court failed to address “some evidence” suggesting inaccurate drug testing.
Appellate court reverses delinquency adjudication for sexual battery based on insufficient evidence
The Court of Appeals of Indiana has reversed a juvenile’s delinquency adjudication for felony sexual battery after finding insufficient evidence to support the adjudication.
Split COA voids juvenile’s delinquency adjudication, finds trial court failed to ensure minor knowingly waived rights
A juvenile’s delinquency adjudication for auto theft has been voided after a split Court of Appeals of Indiana found a trial court failed to ensure the child knowingly and voluntarily waived his rights when he admitted to the offense.
Reversal: Construction company entitled to interest, attorney fees after $58K verdict
A home construction company that won a $58,500 verdict against a former client is also entitled to prejudgment interest and attorney fees, the Court of Appeals of Indiana has ruled, overturning a trial court’s denial.
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.
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.