COA opts for judicial restraint
The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.
Court opinions
Articles
Man can’t collaterally attack sentence again
The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.
Judges disagree on trust jurisdiction issue
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
COA: Mortgage lien holder has priority
The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.
Man can’t challenge motion after guilty plea
A defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress, affirmed the Indiana Court of Appeals today.
Parties can’t pick certain provisions to enforce
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
COA affirms joint legal custody
The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.
Justices disagree about jury instruction
The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.
COA affirms sexually violent predator findings
The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.
Court orders re-trial after jury instruction error
The Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court failed to properly instruct the jury on accomplice liability.
Federal court dismisses suit against judge
A federal judge has thrown out a lawsuit against an Allen Circuit judge because the judge was entitled to judicial immunity in a suit filed by a pro se plaintiff disgruntled about a small claims ruling.
COA: Dealership not denied due process
he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.
Decomposition cleanup subject to lien law
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
Court reverses joint tenancy interest ruling
The Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy in a property, finding the parties actually held one-third undivided interest as joint tenants.
Riverboat not covered by Jones Act
A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.
7th Circuit: taxpayer suit for restitution is moot
The 7th Circuit Court of Appeals affirmed the District Court's dismissal of a taxpayer suit against the secretary of
the U.S. Department of Education as moot, finding the taxpayers didn't have standing to sue for violations of the Establishment
Clause based on a ruling from the U.S. Supreme Court.
COA disagrees on reason to grant appeal
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
Law doesn’t contain presumption on negligence
The Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a suit against a school for the death of a student.
High court grants transfers with opinions
The Indiana Supreme Court granted transfer with opinion to two cases today and granted transfer to another, which it remanded to the Indiana Court of Appeals.
Court: CHINS records aren’t available to media
The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.