Indiana Court of Appeals

Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
More

Reversal: IDACS error no basis to suppress meth evidence

June 12, 2015
Dave Stafford
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
More

Back pain, fear for son no basis for unemployment benefits

June 12, 2015
Dave Stafford
An employee who voluntarily left employment was not wrongly denied unemployment benefits by the Indiana Department of Workforce Development, the Indiana Court of Appeals ruled Friday.
More

Justices strip adoption, reinstate statute COA struck down

June 12, 2015
Dave Stafford
An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren's best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.
More

Judges split over whether to reinstate jury verdict

June 11, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.
More

COA finds homeowners association committed slander of title

June 11, 2015
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant's requirements when leasing their home.
More

2 judges, public defender selected as COA judge finalists

June 11, 2015
Dave Stafford
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
More

Nominating Commission names 3 finalists

June 10, 2015
IL Staff
The next Indiana Court of Appeals judge will be Marion Superior Judge Robert R. Altice Jr., Wabash Superior Judge Christopher M. Goff or Patricia McMath of the Marion County Public Defender Agency. They are the three finalists that the Indiana Judicial Nominating Commission selected Wednesday after holding interviews most of the day.
More

COA reverses blanket exclusion for testimony of eavesdropping officers

June 10, 2015
Jennifer Nelson
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
More

Wife loses appeal of custody arrangement, contempt finding

June 10, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it found a wife in contempt of the court’s preliminary order regarding parenting time and visitation and when it entered a custody arrangement not requested by the parties, the Indiana Court of Appeals ruled Wednesday.
More

COA: Accomplice liability instruction is harmless error

June 10, 2015
Jennifer Nelson
Although the trial court erred in instructing the jury during a man's murder and attempted murder trial regarding accomplice liability as it applied to attempted murder, the error was harmless, the Indiana Court of Appeals held Wednesday.
More

INDOT not entitled to immunity in wrongful death action

June 10, 2015
Jennifer Nelson
The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.
More

COA reverses probation revocation of man unable to fully pay restitution

June 10, 2015
Jennifer Nelson
A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.
More

Care facility’s petition for judicial review barred by res judicata

June 10, 2015
Jennifer Nelson
A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.
More

Evidence seized from probationer’s roommate violated 4th Amendment

June 10, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday reversed the partial denial of a man's request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.
More

Judicial candidate serving as juror was not fundamental error

June 9, 2015
Jennifer Nelson
A man convicted of child molesting argued that an attorney and judicial candidate should not have been allowed to serve as a juror on his trial. But he failed to object to her placement on the jury at the time of the trial, and the Indiana Court of Appeals rejected his claim of fundamental error.
More

COA orders foreclosed Golden Corral to be in sheriff’s sale

June 9, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the holding of a Lake County court that allowed the mortgage holder of a restaurant in Merrillville to immediately take possession of the parcel of land. Under Indiana law, the parcel should go into a sheriff's sale, the majority held.
More

Boy injured by pig at YMCA camp loses appeal

June 8, 2015
Dave Stafford
A trial court correctly granted summary judgment in favor of a YMCA camp and other defendants in a case seeking damages after an 11-year-old boy was bitten by a pig.
More

Cardiologist who lost privileges loses appeal

June 5, 2015
Dave Stafford
An Indianapolis cardiologist who lost his hospital privileges lost an appeal of his lawsuit against Indiana University Health and affiliated doctors Friday.
More

COA upholds termination of mother’s parental rights

June 4, 2015
Jennifer Nelson
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother's request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
More

Court erred in concluding vested title severed by tax sales

June 4, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.
More

Man’s Indiana conviction for stealing car barred by Kentucky conviction

June 4, 2015
Jennifer Nelson
A man who stole a car in Vanderburgh County, fled into Kentucky and then was arrested and charged with similar crimes of auto theft and fleeing police in both states had his Indiana auto theft conviction reversed by the Court of Appeals Thursday.
More

Panel splits over interpretation of corrupt business influence statute

June 4, 2015
Jennifer Nelson
The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.
More

Inconsistency by trial court leads to partial reversal

June 3, 2015
Jennifer Nelson
Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child's mother, but later treated their income as the same when it came to the cost of her child's health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court's 2014 ruling.
More

Injured man fails to convince COA he was mentally incompetent

June 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT