COA rules preliminary injunction wrongly extended noncompete agreement
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
Court opinions
Articles
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
COA reverses summary judgment in complaint to recover credit card debt
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
Judges uphold 54-year sentence of man who asked women to take pics of kids
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
COA holds law firms are judgment creditors, owe restitution
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
Woman’s 35-year sentence upheld following death of stepson
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
Unemployment checks no longer part of summer break, COA rules
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.
Court of Appeals cites snail mail as reason for overturning summary judgment
While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.
‘Marijuana legal elsewhere’ claim no help in parental termination appeal
Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.
Trial court errantly suppressed DUI evidence
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
Post-conviction claim allowed in DOC placement change
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
Appeals court affirms revoked probation after test shows marijuana
A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.
Justices reverse custody modification but order status quo to continue, for now
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
Service-animal suit against Evansville schools proceeds
A federal lawsuit brought under the Americans with Disabilities Act after Evansville schools adopted a policy restricting the use of service animals will proceed.
Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules
Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.
Rehearing on double-jeopardy appeal leads to same conclusion
An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.
Former university soccer coach’s lawsuit after charges dropped fails
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
Retailer properly terminated lease, COA rules in reversal
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
SCOTUS to hear Indiana steelworkers’ case Monday
This question arising in an Indiana labor case will be before the Supreme Court of the United States on Monday: What does “changing clothes” mean?