Indiana Court of Appeals

Ex-farm employee’s agricultural work precludes workers’ comp benefits

July 27, 2017
Olivia Covington
A former employee of an Indiana farm was not entitled to workers’ compensation benefits after an on-the-job injury because the “whole character” of his work was agricultural in nature, thus exempting him under the Worker’s Compensation Act, the Indiana Court of Appeals held Thursday.
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Appellate court affirms ruling for landowner denied easement use

July 27, 2017
Dave Stafford
The Indiana Court of Appeals affirmed a ruling Thursday in favor of a Steuben County landowner who claimed he was wrongly denied access and use of a recorded easement.
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COA to determine jurisdiction of fire departments’ annexation, taxation dispute

July 27, 2017
Olivia Covington
The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.
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COA rules against mother who used religious exemption to not vaccinate child

July 26, 2017
Olivia Covington
An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.
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COA affirms admission of 911 recording into evidence

July 25, 2017
Olivia Covington
The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.
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COA affirms tax sale despite auditor’s noncompliance

July 25, 2017
Olivia Covington
An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.
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COA to hear arguments in fire departments’ tax, annexation dispute

July 24, 2017
Olivia Covington
The Indiana Court of Appeals will hold oral arguments this week to determine whether a trial court has jurisdiction to hear a Fort Wayne case that involves questions of both annexation and tax laws.
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COA: Doctor’s report to DCS not protected by anti-SLAPP statute

July 21, 2017
Olivia Covington
A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.
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COA orders return of gun to rightful owner

July 21, 2017
Olivia Covington
A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.
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COA: Trial courts can waive right to be at commitment hearing

July 20, 2017
Olivia Covington
State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.
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COA affirms GPS monitoring after violation of protective order

July 20, 2017
Olivia Covington
A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.
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COA affirms escapee’s convictions, consecutive sentences

July 20, 2017
Olivia Covington
A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.
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Appellate court finds man’s conduct constituted just 1 instance of contempt

July 19, 2017
Olivia Covington
A man originally sentenced to one year in prison for disrupting court proceedings will instead serve only six months after the Indiana Court of Appeals found his contempt citation stemmed from a single incident.
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COA: Group voir dire did not violate right to impartial jury

July 19, 2017
Olivia Covington
An Indianapolis man who attempted to rob a pharmacy in a city more than an hour away was not denied his right to an impartial jury by the use of group voir dire, the Indiana Court of Appeals held Wednesday.
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3 condemned Ohio inmates ask high court to delay executions

July 18, 2017
 Associated Press
Three condemned killers with upcoming execution dates asked the U.S. Supreme Court on Tuesday for a delay while they continue challenging Ohio’s new lethal injection method.
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COA reverses child molesting finding against 10-year-old

July 14, 2017
Olivia Covington
A 10-year-old boy adjudicated as a delinquent for acts that would be considered Level 4 felony child molesting if committed by an adult will have his adjudication dropped after the Indiana Court of Appeals held Friday there was insufficient evidence to support a true finding of the conduct.
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COA affirms termination of mother’s parental rights

July 14, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed the termination of a mother’s parental rights to her daughter after finding the mother failed to prove the trial court erred in the calculation of the time the child had been removed from her parents’ home.
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Divided COA: Pat-down search did not violate rights

July 14, 2017
Olivia Covington
A divided panel of the Indiana Court of Appeals has affirmed a man’s felony and misdemeanor drug and firearm charges after finding the officer who arrested the man did not violate his constitutional rights by stopping him or conducting a pat-down search.
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COA rejects declaratory relief petition challenging molestation convictions

July 12, 2017
Olivia Covington
A southern Indiana man cannot seek declaratory relief after he was convicted on multiple counts of child molesting because the Indiana Court of Appeals found his challenge to be an attempt to circumvent Indiana’s established appellate procedures.
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State appeals ruling that suspended death penalty

July 12, 2017
Dave Stafford
An Indiana Court of Appeals decision that suspended executions in the state violated the separation of powers and resulted in new, unintended burdens that could lead to “dysfunction” in carrying out executions, the state argues in seeking transfer to the Indiana Supreme Court.
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Fresh cases setting precedents in mental health law

July 12, 2017
Dave Stafford
Under what circumstances may someone be excluded from a hearing to determine whether they should be committed for mental health treatment? The Indiana Court of Appeals grappled with that question during oral arguments June 28, just one day after another panel ruled on another matter of first impression regarding involuntary commitment — the court itself noting scarce caselaw.
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Supreme Court seeking comments on proposed rule changes

July 10, 2017
IL Staff
The Indiana Supreme Court Appellate Technology section is soliciting feedback on proposed changes to four areas of Indiana judicial procedure.
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Mother’s consent to adoption not required, appeals court rules

July 7, 2017
Olivia Covington
A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.
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Double jeopardy cuts sentence in robbery from 60 to 36 years

July 7, 2017
Dave Stafford
A trial court improperly applied sentencing enhancements to both of a criminal defendant’s robbery and conspiracy convictions, the Indiana Court of Appeals ruled Friday. The panel found a double-jeopardy violation and reduced the man’s sentence from 60 to 36 years in prison.
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COA reverses dismissal of review of uninhabitable property order

July 7, 2017
Olivia Covington
A Hammond man’s petition for judicial review of an order to repair or remove an apartment in a building he owns will return to the trial court after the Indiana Court of Appeals ruled the Lake Superior Court erred in dismissing the case.
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