Indiana Court of Appeals

Appellate court affirms CHINS order

April 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a Vanderburgh County children in need of services order after finding the children’s custodian did not make any argument as to why his stipulation to the facts of the CHINS petition should be withdrawn for cause.
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‘Repugnant’ teacher’s 21-year molest sentence affirmed

April 6, 2017
Dave Stafford
A Seymour Middle School math teacher lost his appeal and will serve the 21-year sentence imposed by the trial court for grooming and molesting a student whose parents say she was “broken” by the experience. One Court of Appeals judge wrote he might have added years to the teacher’s sentence, had the state asked.
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COA affirms convictions in Tippecanoe County robberies

April 6, 2017
Olivia Covington
A Tippecanoe County man’s numerous robbery, criminal confinement and firearm convictions have been affirmed after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion throughout the conviction and sentencing process.
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COA: Town can compel property to connect to sewer

April 6, 2017
Olivia Covington
A northern Indiana town was within its municipal rights to compel a property owner to connect to the municipal sewer line because the properties in question were within 300 feet of the sewer system, the Indiana Court of Appeals ruled Thursday.
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Man who spat in woman’s face loses appeal

April 6, 2017
Olivia Covington
The Indiana Court of Appeals has confirmed a battery conviction against a man who spat in a woman’s face after finding that minor discrepancies in the charging information and evidence at trial did not undermine the case.
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Court lets IPL rate increases stand

April 5, 2017
Olivia Covington
An approved rate change for Indianapolis Power & Light customers will stand after the Indiana Court of Appeals rejected the appeal of various advocacy groups on Wednesday.
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COA affirms neglect conviction against man with intellectual disability

April 4, 2017
Olivia Covington
The Indiana Court of Appeals affirmed the felony neglect conviction of a Wayne County man with a mild intellectual disability, finding that the state presented sufficient evidence to prove that he knowingly neglected his child leading to the boy’s death, and that the testimony of two medical experts was proper.
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COA to hold oral arguments at Valparaiso

April 3, 2017
IL Staff
The Indiana Court of Appeals “Appeals on Wheels” program will take the state’s second-highest court to Valparaiso this week.
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Divided COA reverses CHINS finding

March 30, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed a CHINS determination after finding the Department of Child Services failed to meet its burden of proof, though one judge believed the trial court was acting in the child’s best interests.
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COA: Trial court imposed restrictive standard for remonstrance petition

March 30, 2017
Olivia Covington
The Perry Circuit Court imposed too strict of a standard on a group of property owners when it denied their remonstrance petition because some of the signatures did not exactly match the signatures on tax duplicates, the Indiana Court of Appeals decided Thursday.
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Fired worker still entitled to temporary disability benefits

March 30, 2017
Olivia Covington
A worker who was injured on the job and was later fired for cause is still entitled to disability benefits, despite his misconduct, the Indiana Court of Appeals has ruled.
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No constitutional violations at man’s drug trial, COA rules

March 30, 2017
Olivia Covington
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
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COA sends property zoning dispute back to local BZA

March 30, 2017
Olivia Covington
A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.
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COA affirms attempted murder conviction

March 30, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.
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COA: Allowing removal of prosthetic eye not an abuse of discretion

March 29, 2017
Olivia Covington
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Delinquency findings upheld against student who threatened to bomb school

March 29, 2017
Olivia Covington
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
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COA affirms judgment for insurance company in work zone complaint

March 28, 2017
Olivia Covington
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
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Supreme Court takes multiple evidence admissibility appeals

March 27, 2017
Olivia Covington
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
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COA remands child support case

March 27, 2017
Olivia Covington
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
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COA awards summary judgment to city in mountain bike liability case

March 23, 2017
Olivia Covington
The Indiana Court of Appeals granted summary judgment in favor of the city of Indianapolis and Indy Parks and Recreation department after determining that the city was not liable for injuries sustained by a mountain biker as he was riding on a city-owned trail.
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Parents lose constitutional challenge of post-secondary school expenses

March 22, 2017
Jennifer Nelson
Bound by precedent, the Indiana Court of Appeals declined to find the statute allowing courts to impose post-secondary educational expenses on divorced parents is unconstitutional. The parents had argued the statute needs another look.
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COA rules park with no playground cannot enhance drug conviction

March 22, 2017
Marilyn Odendahl
A split Indiana Court of Appeals, divided over whether a park with no trees, no playground equipment and no benches could attract children during a school day, reversed a man’s conviction for Level 4 felony dealing in methamphetamine.
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Fitness to parent raised in man’s fatal neglect appeal

March 22, 2017
Dave Stafford
A man whose 4-month-old son died of malnutrition asked an appeals court to consider whether he was mentally capable of caring for the child while also invoking the jury’s right to question witnesses in contesting his conviction and 37-year sentence.
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Paying dues under right-to-work

March 22, 2017
Olivia Covington
Drivers claim illegal union withholdings in case where checkoff cards are key.
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  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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