The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
In dismissing a lawsuit filed by a gay teacher against the Archdiocese of Indianapolis, the Indiana Supreme Court became the second court to rule against an LGBTQ educator by finding that hiring and firing decisions are church matters not governed by the state.
A man with multiple convictions received a partial reversal from the Court of Appeals of Indiana on Thursday after it found a petition to revoke his probation in one of those cases was untimely filed and ultimately an abuse of discretion.
A woman holding more than a decadelong grudge against a former sheriff cannot shake her conviction for felony stalking after she berated the man and followed him around town for years.
A Lake County property owner who saw just one of his four real property assessments reduced for the 2017 year has failed to convince the Indiana Tax Court that the Indiana Board of Tax Review erred in its determinations.
A complaint against a title company and its underwriter that was dismissed without an opportunity to amend was properly thrown out despite an error, the Court of Appeals of Indiana has affirmed.
In Allen v. Brown Advisory, LLC, 41 F.4th 843 (7th Cir. 2022), the plaintiff appealed from the dismissal of his action and denial of his motion to amend his complaint. The 7th Circuit Court of Appeals affirmed; the discussion on seeking to amend pleadings after the amendment deadline has passed is relevant procedurally and provides an excellent primer.
Read Indiana appellate court decisions from the most recent reporting period.
A man arguing his probation should end three years earlier than the date listed in the system has failed to secure relief from the Court of Appeals of Indiana.
A Cass County man convicted of multiple felonies after police responded to a report of a possible robbery at his home has secured a reversal from the Indiana Supreme Court after convincing the justices his Pirtle rights were violated during a police search. However, one justice, while concurring, suggested the high court take another look at Pirtle in the future.
Court of Appeals of Indiana
Mark Alan Hurley v. State of Indiana (mem. dec.)
22A-CR-298
Criminal. Affirms Mark Alan Hurley’s conviction of Level 6 felony battery on a person less than 14 years of age by a person over 18 years of age. Finds the totality of the evidence was sufficient to sustain the conviction.
A federal judge in Idaho has barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates a federal law on emergency care.
The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.
Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.
A man who drove into oncoming traffic as part of a suicide attempt, killing another motorist, has failed to convince the Court of Appeals of Indiana to overturn his murder conviction.
Per Indiana Code, the Indiana Bureau of Motor Vehicles isn’t prohibited from disclosing records or information about traffic infraction convictions, the Court of Appeals of Indiana has affirmed.
A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.
A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.
Court of Appeals of Indiana
Michael Whitaker v. State of Indiana (mem. dec.)
21A-CR-2268
Criminal. Affirms Michael Whitaker’s convictions of Level 6 felony driving while intoxicated endangering a person and Class B misdemeanor leaving the scene of an accident. Vacates Whitaker’s conviction of Level 6 felony driving with an alcohol concentration equivalent over .15 on double jeopardy grounds. Finds the state presented sufficient evidence that Whitaker operated his vehicle. Also finds the Whitley Superior Court did not abuse its discretion when it admitted photographs of items found in Whitaker’s car because those items were found in plain view by an officer who had been called to an accident scene and their connection to criminal activity was immediately apparent.
A convicted sex offender’s perceived legal strategy for avoiding a six-figure restitution judgment backfired when the 7th Circuit Court of Appeals determined he had waived the issue because he did not raise his arguments at sentencing.