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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A man convicted in a roadside shooting could not convince the Court of Appeals of Indiana to overturn his murder conviction.
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.
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.
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.
Read Indiana appellate court decisions from the most recent reporting period.
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.
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.
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.
A military teacher who said her health issues meant she needed to come into work two hours late each day could not convince the 7th Circuit Court of Appeals that her employer engaged in disability discrimination.