COA to hear false impersonation case at Terre Haute high school
The Court of Appeals of Indiana will be traveling west this week to hear oral arguments in case in which a man falsely impersonated a detective.
Indiana Court of Appeals
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Indiana Court Decisions: Dec. 14-27, 2023
Read Indiana appellate court decisions from the most recent reporting period.
IN Supreme Court affirms default judgment against pool company in breach of contract, fraud case
A pool building company’s failure to timely respond to a customer’s complaint justified a trial court’s order to grant a motion for default judgment in favor of the St. Joseph County man, the Indiana Supreme Court affirmed Tuesday.
Man’s identity deception conviction does not violate state’s proportionality clause, COA affirms
A Greene County man’s conviction for identity deception will stand, the Court of Appeals of Indiana affirmed Friday
COA upholds search warrant underpinning child molesting convictions
A Greenwood police detective sufficiently established probable cause for a search warrant for a man’s home where the man was suspected of downloading child pornography, the Court of Appeals of Indiana affirmed Friday.
‘Procedural irregularities’ in serving mother results in voiding of order to terminate parental rights
A failure to properly serve a mother with notice of a hearing voided an order that terminated the mother’s parental rights to her child, the Court of Appeals of Indiana ruled in a reversal Friday.
Defendant’s right to speedy trial not violated by continuance, COA affirms
A man’s appointed counsel agreed to the rescheduling of his trial beyond a 70-day deadline and did not raise an objection, so his right to a speedy trial was not violated, the Court of Appeals of Indiana affirmed Friday.
Litigation in Terre Haute housing project dispute must be stayed pending arbitration, COA rules in reversal
A general contractor and insurance company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by a housing developer should not have been denied, the Court of Appeals of Indiana ruled Wednesday in reversing a trial court’s order.
COA reverses summary judgment order in case involving IU student hit by falling window
Whether a window that fell and struck an Indiana University student in a campus building was under the control and management of the university constitutes a genuine issue of material fact, the Court of Appeals of Indiana ruled in reversing a lower court’s decision to grant summary judgment.
Justices split in denying transfer to case where sexual misconduct convictions were overturned
The Indiana Supreme Court denied transfer to 16 cases last week, splitting in the denial to one case involving a man whose convictions of sexual misconduct with a minor were overturned on double jeopardy grounds.
Proper statutory framework not used in granting of parental rights termination order, COA rules in reversal
The Court of Appeals of Indiana reversed an order to terminate an incarcerated man’s parental rights Thursday, ruling that a lower court interpreted the phrase “act of rape” too broadly and didn’t consider whether the man committed an act described in the state’s rape statute.
Franciscan’s indemnification claim against radiology provider not barred by statute of limitations, COA affirms
A company that provides radiology services had a contractual duty to indemnify Franciscan Alliance, Inc. after the hospital system settled a medical malpractice claim brought about by alleged negligent care that resulted in a man’s death, the Court of Appeals of Indiana affirmed Thursday.
Split COA reverses denial of motion for discharge
A trial court should’ve granted a man’s motion for discharge after his drug-related trial was continued multiple times, a split Court of Appeals of Indiana ruled in a reversal.
COA reverses, remands to set aside expired body attachment writ
A body attachment writ was expired when its subject was arrested, the Court of Appeals of Indiana ruled in reversing the denial of the subject’s motion to set aside the writ.
Indiana Court Decisions: Nov. 30-Dec. 13, 2023
Read Indiana appellate court decisions from the most recent reporting period.
COA splits, reverses in divorce case after ‘flagrant injustice’ to pro se wife
A trial court should have admitted a woman’s prenuptial agreement into evidence in her divorce case, and its failure to do so resulted in a “flagrant injustice,” a split Court of Appeals of Indiana ruled in a Tuesday reversal.
Wife’s sole efforts in saving farm, reducing debts justifies real estate award in divorce, COA affirms
A wife’s ability to refinance secured debt on farm property and make an equalization payment made it “just and reasonable” to award all real estate to her in a divorce case, the Court of Appeals of Indiana affirmed Tuesday.
IN justices deny 18 transfer petitions
The Indiana Supreme Court denied transfer to 18 cases last week, granting just one transfer petition.
Tax Court to hear oral arguments next week in Hammond property valuation case
The Court of Appeals of Indiana will hold oral arguments next week in a case in which the Lake County Assessor’s Office is challenging the Indiana Board of Tax Review’s adjustments on an industrial landowner’s property appraisal.
COA prematurely dismissed inmate’s appeal, justices rule in reversal
The Court of Appeals of Indiana prematurely dismissed an inmate’s appeal of the entry of judgment in favor of the Allen County public defenders he was suing, the Indiana Supreme Court ruled Wednesday in reversing the dismissal.