Fewer filings, newer trends
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
Chief Judge John G. Baker
Articles
Judges reverse support modification for lack of jurisdiction
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
Dismissal of delinquency petition doesn’t endanger public
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
Despite out-of-court agreement, COA upholds motion to strike
The Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
Court upholds juvenile placement with DOC
The Indiana Court of Appeals upheld placing a juvenile with the Indiana Department of Correction over his objections that there was a less restrictive alternative available.
COA affirms Avon ordinance invalid
The Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.
Judge Robb to become first female chief judge
Next year, the Indiana Court of Appeals will have its first woman chief judge.
COA to visit Rushville, Greencastle
The Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels” initiative.
Actual notice denies bona fide purchaser defense
The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.
Judges split on district’s need to pay for new water main
The Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water main as opposed to privately putting in its own water service line to connect to a new school.
Technical difficulties snag high-profile appeal arguments
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker
borrowed some words from television broadcasters of the past: “Please stand by.”
COA affirms doctrine of transferred intent applies
The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.
Couple should have jury trial on legal claims
A couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.
Judges find ruling denied mentally ill man’s due process rights
The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him
because not dismissing the charges was a violation of his due process rights.
COA: negligence claim should go to trial
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
No opinions for 3rd day in a row
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
COA affirms mentally ill man’s murder conviction
The Indiana Court of Appeals was compelled today by Indiana Supreme Court precedent to affirm a murder conviction for a man who was found guilty but mentally ill.
COA: Storage fees capped per statute
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
Judges disagree on when escape occurs
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
First impression in utility fee case
In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.