Indiana Court of Appeals

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.
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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.
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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.
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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.
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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.
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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.
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COA dismisses car-crash claim for lack of jurisdiction

October 20, 2016
Dave Stafford
A lawsuit filed after a car crash on Interstate 65 allegedly caused by an intoxicated driver was dismissed by the Indiana Court of Appeals Thursday, which ruled it lacked jurisdiction in a case the trial court appeared to dismiss after an appeal was filed.
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COA finds victim credible, affirms rape, theft convictions

October 19, 2016
Olivia Covington
After entering a Marion County family’s home with a gun, raping the mother and robbing the family of valuable possessions, the man convicted in the case cannot have his multiple convictions overturned after the Indiana Court of Appeals decided Wednesday that the mother’s testimony was not incredibly dubious.
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Dissenting COA judge seeks to double molester’s sentence

October 19, 2016
Dave Stafford
A dissenting Indiana Court of Appeals judge Wednesday said he would use the court’s authority to double the sentence of a man ordered to serve four years in the Indiana Department of Correction for his conviction of two counts of Class C child molesting.
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COA dismisses divorce appeal for untimeliness

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has dismissed an appeal of an order dissolving a LaPorte County couple’s marriage after finding that the appeal was not filed within the correct timeframe.
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Barnes & Thornburg malpractice suit prompts judge’s warning

October 19, 2016
Dave Stafford
Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.
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COA: Illinois sex offender must register in Indiana

October 19, 2016
Olivia Covington
An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.
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COA allows juvenile expungement despite pending charge

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
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COA prevents INDOT from seeking more than $100k in damages after bridge accident

October 18, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.
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COA: Court should have given inmate more time to pay fee

October 17, 2016
Olivia Covington
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
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Stepfather’s molestation convictions affirmed

October 14, 2016
Olivia Covington
A former stepfather accused of molesting his 6-year-old stepdaughter on multiple occasions cannot have his convictions or sentenced reduced after the Indiana Court of Appeals found Friday that there was enough evidence to support his 32-year sentence.
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COA upholds judgment against ex-husband accused of violating protective order

October 14, 2016
Olivia Covington
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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Appeals panel affirms murder conviction, sentence

October 13, 2016
Dave Stafford
An Indianapolis man who objected to his murder trial being scheduled later than permissible under the speedy trial rule failed to persuade the Indiana Court of Appeals to reverse his murder conviction.
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Divided COA tosses $2M DUI crash verdict over old convictions

October 13, 2016
Dave Stafford
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
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COA: Hotel did not conspire to commit theft from guests' room

October 12, 2016
Olivia Covington
The Indiana Court of Appeals decided Wednesday that an Evansville hotel cannot be considered negligent after its employees allowed a man into a guest room without the guests’ permission, resulting in the theft of the guests’ personal property.
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COA maintains that belatedly filed records result in dismissal

October 11, 2016
Olivia Covington
The Indiana Court of Appeals has reversed an Allen Superior Court decision after finding that the trial court erred when it did not dismiss a case despite the fact that the record was not filed in a timely manner.
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COA orders better findings of fact in parental rights case

October 6, 2016
Olivia Covington
The Indiana Court of Appeals rejected Thursday a trial court order terminating a St. Joseph County woman’s parental rights to her daughter and instead ordered the trial court to present more specific findings of fact to support the termination.
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ISBA poll shows strong support for COA judges’ retention

October 5, 2016
IL Staff
A recently completed poll of Indiana State Bar Association members shows strong support for the four Indiana Court of Appeals judges seeking retention in the Nov. 8 general election.
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COA upholds denial of motion to strike expert medical testimony in malpractice suit

October 4, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Tuesday a trial court’s decision to deny a motion to strike expert witness testimony after finding that a man could present certain evidence to prove medical malpractice against his now-deceased wife’s former physician.
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