Bar fight wasn’t foreseeable, COA rules in reversal
A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.
Court opinions
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COA affirms denial of juvenile’s motion for relief from child molesting adjudications
A trial court properly denied a juvenile’s motion for relief from judgment on two delinquencies adjudications that he admitted to, the Court of Appeals of Indiana has affirmed.
Denial of bond reduction not eligible for belated appeal under PCR 2, COA rules in dismissal
A man challenging the denial of his bond reduction motion cannot pursue a belated appeal under Post-Conviction Rule 2, the Court of Appeals of Indiana ruled Wednesday, finding no “extraordinarily compelling reasons” to reinstate his forfeited appeal.
Reversal: Mother’s previous abandonment of children doesn’t rebut parental presumption in grandparent custody case
A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
COA dismisses provider’s appeal of ruling in med-mal case, finding ruling wasn’t a final judgment
A provider cannot yet appeal a ruling in a medical malpractice complaint against him because the ruling at issue was not a final judgment, the Court of Appeals of Indiana ruled in a Tuesday dismissal.
Opinions Nov. 28, 2023
Court of Appeals of Indiana
Anonymous Provider 2 v. Estate of Ryan K. Askew, by Fornetta Askew, Personal Representative
23A-CT-992
Civil tort. Dismisses Anonymous Provider 2’s appeal of the denial of his motion to dismiss under Indiana Trial Rule 12(B)(1). Finds Anonymous Provider 2 is appealing from an interlocutory order, but he does not assert the right to do so under Appellate Rule 14(A), there is no indication he sought certification from the Lake Superior Court or permission from the Court of Appeals to file a discretionary interlocutory appeal, and he has not stated a statutory right to appeal. Remands for further proceedings.
IN justices grant transfer in Decatur County meth possession case
Indiana Supreme Court justices have agreed to consider a case in which a Decatur County man is challenging his conviction and habitual offender enhancement for felony possession of methamphetamine.
Opinions Nov. 27, 2023
Court of Appeals of Indiana
Forty Acre Cooperative and Angela Dawson v. Rita Delliquadri; Larry Gambles; Milton Louis; Deborah L. McCullough; Telisa Sims, individually and in her capacity as the personal representative of the estate of Alton Sims, Sr.; and Brenda J. Thomspon (mem. dec.)
23A-PL-1119
Civil plenary. Affirms the denial of the appellants’ motion for relief from judgment, filed after the Lake Superior Court entered default judgment against them. Finds the trial court did not err.
IN Supreme Court affirms for Ball State in student’s COVID breach case
The Indiana Supreme Court has unanimously ruled in favor of Ball State University in case in which a student sued for breach of contract and unjust enrichment when classes switched to only-online instruction during the COVID-19 pandemic.
Termination order affirmed at COA
The Court of Appeals of Indiana has affirmed the termination of the parental rights of two parents with severe substance abuse issues, finding the issues that led to termination wouldn’t be remedied in the near future.
Lafayette man fails to persuade COA that meth dealing convictions should be reversed
Any error in the admission of Facebook messages that showed evidence of a Lafayette man’s drug deals was harmless, the Court of Appeals of Indiana affirmed Wednesday.
Murder conviction affirmed after roadside shooting
A man convicted in a roadside shooting could not convince the Court of Appeals of Indiana to overturn his murder conviction.
‘Joint physical custody’ means equal parenting time in divorce case, COA rules in reversal
A dissolution decree did not award the equal parenting time that a mother and father had agreed to, resulting in a reversal from the Court of Appeals of Indiana.
Opinions Nov. 22, 2023
Court of Appeals of Indiana
In the Termination of the Parent-Child Relationship of: A.L. and N.L. (Minor Children), And M.L. (Father) and L.L. (Mother) v. Indiana Department of Child Services
23A-JT-1076
Juvenile termination of parental rights. Affirms the Lawrence Circuit Court’s termination of M.L. and L.L.’s parental rights to minor children N.L. and A.L. Finds the trial court did not abuse its discretion by refusing to admit certain evidence requested by the parents. Also finds the Indiana Department of Child Services presented sufficient evidence to support its petitions to terminate the parent-child relationship.
COA rejects jury instruction, double jeopardy challenges to domestic battery, strangulation convictions
Neither a claim of fundamental error nor a claim of double jeopardy undermined a man’s domestic battery and strangulation convictions, the Court of Appeals of Indiana ruled Wednesday.
Indiana Court Decisions: Nov. 2-14, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Attempted murder, battery convictions vacated after speedy trial request not met
A man’s attempted murder and battery convictions have been vacated by the Court of Appeals of Indiana, which determined that his speedy trial request was not met.
State intervention needed in CHINS case due to father’s OWI convictions, alcohol issues, COA affirms
A father’s multiple arrests and alcohol abuse issues necessitated removing his three children from his home and placing them with their maternal grandmother, the Court of Appeals of Indiana affirmed Tuesday.
Opinions Nov. 21, 2023
Court of Appeals of Indiana
In the Matter of B.M., C.M., and S.M. (Minor Children), Children in Need of Services, and N.M. (Father) v. Indiana Department of Child Services
23A-JC-1285
Juvenile CHINS. Affirms the DeKalb Circuit Court’s child-in-need-of-services adjudications for father N.M.’s children, B.M., C.M. and S.M. Finds the trial court did not abuse its discretion by denying counsel’s motion to withdraw at the start of the factfinding hearing. Also finds sufficient evidence supports the CHINS adjudications.