Indiana Court of Appeals

COA dismisses request to make trial court order final

November 15, 2016
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
More

COA upholds murder conviction after rejecting involuntary manslaughter appeal

November 15, 2016
Olivia Covington
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
More

COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
More

Rejecting challenge of search, COA affirms cocaine conviction

November 14, 2016
Olivia Covington
Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.
More

COA restores mother’s parental rights after incarceration

November 10, 2016
Olivia Covington
A mother’s parental rights to her two children will be restored after the Indiana Court of Appeals found Thursday that the state Department of Child Services failed to prove that removing the children from their mother was in their best interests.
More

Meth conviction reversed over toxicology authentication

November 10, 2016
IL Staff
The Indiana Court of Appeals has reversed a man’s conviction of operating a vehicle with meth in his blood and subsequently causing death after finding that the state failed to authenticate the toxicology report that found traces of drug in his blood sample.
More

Appellate panel reverses parenting time for remote ex-boyfriend

November 9, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a lower court order granting a man visitation with his ex-girlfriend’s daughter, concluding that third-party visitation should only be granted if it is in the best interests of the child.
More

Hill cruises to win in AG race as voters retain appellate judges

November 9, 2016
Dave Stafford
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Tuesday, and voters retained four Court of Appeals judges by wide margins.
More

COA: Clinics that gave tainted steroid must face suit

November 7, 2016
Olivia Covington
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
More

COA divided over search producing gun, affirms conviction

November 7, 2016
Olivia Covington
The admission of a gun obtained without a warrant from a man later convicted of carrying a handgun without a license did not violate the man’s constitutional protections against unreasonable search and seizure and, thus, does not warrant the reversal of his conviction.
More

COA affirms convictions of auto theft, resisting law enforcement

November 4, 2016
Olivia Covington
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
More

ISP officer loses whistleblower appeal

November 2, 2016
Dave Stafford
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
More

Ex-coach’s defamation claim against Noblesville Schools continues

November 2, 2016
Jennifer Nelson
The common interest privilege does not protect an Indiana high school from a defamation claim brought by its former boys basketball coach based on an altered press released the school sent out after an incident during practice in 2014, the Indiana Court of Appeals ruled Wednesday.
More

COA denies correction of sentencing order in dismissal

November 2, 2016
Jennifer Nelson
Because the plain language of Indiana Trial Rule 41(B) states that a dismissal operates as an adjudication upon the merits, the Indiana Court of Appeals found there is no need to remand a man’s case to correct his sentencing order as he claimed.
More

COA considers jury trial in State Fair stage collapse suit against ESG Security

November 2, 2016
Olivia Covington
Five years after severe weather brought the stage of the Indiana State Fair grandstand to the ground, killing seven people and injuring dozens of others, the final defendant in the ensuing litigation is asking that summary judgment in its favor be upheld.
More

COA panel takes oral arguments to Notre Dame

November 1, 2016
IL Staff
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
More

COA: Mentally disabled man belongs in work release, not prison

October 31, 2016
Olivia Covington
A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were  mitigating factors in his sentencing.
More

COA: Police lawfully entered home; battery conviction upheld

October 31, 2016
Olivia Covington
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana  Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
More

COA awards custody to father, orders assets redivided

October 28, 2016
Olivia Covington
After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.
More

COA affirms woman’s involuntary commitment despite moot appeal

October 27, 2016
Olivia Covington
Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.
More

Vaidik re-elected chief judge of Court of Appeals

October 26, 2016
IL Staff
Indiana Court of Appeals Chief Judge Nancy Vaidik will serve another three-year term leading the court beginning Jan. 1 after the court’s 15 judges re-elected her Wednesday.
More

COA will not allow specialized driving privileges for man with 27 traffic violations

October 26, 2016
Olivia Covington
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
More

Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
More

Appeals court rules that DCS employee can proceed with caseload claims

October 25, 2016
Olivia Covington
An employee of the Department of Child Services can continue in her complaint that alleges violations of the state-mandated caseload maximums despite a ruling that the employee has no private right of action under Indiana Code.
More

COA reaffirms decision in church breach of contract case

October 25, 2016
Olivia Covington
The Indiana Court of Appeals granted a church’s petition to rehear its breach of contract case and reaffirmed its previous ruling that the church had failed to carry out the terms of the lease in question.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

ADVERTISEMENT