COA affirms $813,000 award in Clark County water dispute
A judgment in favor of a utility that had an agreement to supply water to another utility serving customers in Clark County was affirmed Tuesday by the Indiana Court of Appeals.
Court opinions
Articles
Court only corrects ‘immaterial’ errors in opinion on rehearing
After granting rehearing to an August opinion to correct “immaterial factual errors,” the Indiana Court of Appeals reaffirmed a decision that upheld allegedly defamatory statements made by an attorney were protected.
COA dismisses appeal of summary judgment to law firm on legal malpractice claim
After finding an order granting summary judgment to an Indianapolis law firm facing a legal malpractice claim was not a final order, the Indiana Court of Appeals dismissed an appeal challenging the summary judgment ruling.
2 of man’s convictions after botched robbery reduced due to double jeopardy violations
A man convicted on eight charges related to an attempted robbery will have his sentencing enhancement vacated and two of his convictions reduced after the Indiana Court of Appeals found multiple errors in the trial court’s handling of the case.
COA sends securities fraud claim to trial
A claim of securities fraud against an Indiana health company must proceed to trial after the Indiana Court of Appeals determined the trial court erred by striking a request for a jury trial without the consent of both parties.
Election against ex-husband’s will barred due to unresolved marriage status
The purported ex-wife of a now-deceased man cannot proceed with her election against the man’s will because the couple failed to resolve the issue of the legal status of their marriage for more than 40 years, thus barring her claim under the doctrine of laches, the Indiana Court of Appeals has ruled.
Justices affirm reversal of resisting conviction, decline to address related constitutional analysis
A man who was convicted of resisting a law enforcement officer will no longer have that conviction on his record after the Indiana Supreme Court affirmed the appellate reversal of his conviction in a Tuesday opinion.
Judge dismisses ex-IU player’s suit against DraftKings, FanDuel
A judge dismissed a lawsuit by a former Indiana University football player and two others ex-collegiate athletes who claimed daily online fantasy sports sites DraftKings and FanDuel impermissibly used their names, images and likenesses to market what they alleged was illegal gambling.
Justices order dissemination charge reinstated, overrule COA precedent
A 38-year-old man who sent an explicit photo to a 16-year-old girl must face a felony charge after the Indiana Supreme Court ruled that it is illegal for adults to send sexually explicit photos to any person under the age of 18. The high court also overruled a 2009 Court of Appeals decision that had reached the opposite conclusion.
Tax Court rules against CVS in dispute over Monroe County store valuation
The most recent in a long line of tax disputes between the Monroe County assessor and CVS Corp. has ended with two rulings against CVS after the Indiana Tax Court affirmed assessed valuations of Monroe County CVS stores.
Juvenile court must reconsider modification petition for teen without counsel
A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.
COA affirms termination of parental rights, declines request to interpret phrase in statute
The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.
Judges affirm intimidation conviction against man who threatened neighbor
The state presented sufficient evidence to prove a Cass County man intimidated his neighbor by engaging in a true threat against his neighbor and intending to place his neighbor in fear of retaliation, the Indiana Court of Appeals has ruled.
COA reverses CHINS finding for lack of evidence
An Allen County child will no longer be considered in need of services after the Indiana Court of Appeals determined Friday the Department of Child Services failed to provide sufficient evidence to support a CHINS finding.
COA reverses order making ex-spouses co-owners of college savings account
An Indiana trial court erred when it ordered two divorced parents to become co-owners of the ex-husband’s 529 savings account in post-dissolution proceedings, finding the account was the man’s property, so the trial court lacked authority to make his ex-wife a co-owner.
Judges reverse resisting law enforcement conviction, citing insufficient evidence
A Fort Wayne woman’s conviction for misdemeanor resisting law enforcement was overturned Thursday by the Indiana Court of Appeals after the judges determined the state didn’t prove she fled from the police officers.
COA upholds Hamilton County utility rate increase
The Indiana Court of Appeals ruled in favor of a Hamilton County public utility seeking to have affiliate expenses included in its sewer utility rate calculation.
Court properly suppressed man’s statements to officers, COA rules
A man who told police officers questioning him about a molestation allegation that he was “done with answering questions” will have his statements suppressed at trial after the Indiana Court of Appeals affirmed the trial court’s ruling Thursday.
COA chastises court for magistrates repeatedly entering final judgments
A southern Indiana trial court that has been repeatedly advised by the Indiana Supreme Court that magistrate judges may not sign the court’s findings and conclusions was told again by the Indiana Court of Appeals on Wednesday in a CHINS case to stop the practice.
COA upholds probation revocation based in part on failed conviction
The Indiana Court of Appeals found no violation of due process and sufficient evidence supported the revocation of a man’s probation for allegedly committing child molesting, even though he was acquitted on that charge.