Baker announces retirement from Indiana Court of Appeals
Indiana’s longest-serving judge and a 30-year veteran of the Indiana Court of Appeals, Judge John G. Baker will retire this summer, the COA announced in a news release Tuesday afternoon.
Indiana Court of Appeals
Articles
COA upholds Indiana jurisdiction in dispute involving German manufacturer
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
Justices to hear arguments in blood draw suppression case
The Indiana Supreme Court will consider this week whether to grant transfer to a wrong-way-driver case focused on a post-accident blood draw.
Split COA reaffirms original decision for lawyers in dispute over tax sale proceeds
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
Miami County seeks to overturn dam repairs ruling
A northern Indiana county is seeking to overturn a court ruling that puts it on the hook for costly repairs to six aging dams in a lake-filled subdivision. Miami County is challenging a Marion County judge’s August ruling which found that the Indiana Department of Natural Resources had the authority to require property owners and Miami County to fix the dams at the Hidden Hills subdivision.
COA affirms for foundation company in warranty dispute
A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.
Man’s conviction in Indianapolis CVS theft upheld
The Indiana Court of Appeals has affirmed a man’s theft conviction, finding testimony about what a law enforcement officer saw on a CVS pharmacy’s security footage did not violate the best evidence rule.
Kroger loses summary judgment appeal in slip-and-fall case
The Indiana Court of Appeals has affirmed the denial of a Kroger store’s request for summary judgment against a woman who sued it for negligence after she injured herself in a slip-and-fall accident.
Judge advocates for competency evaluations upon arrest in post-conviction appeal
An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.
$156K in damages against business, lawyer in bad-faith litigation upheld
A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.
Bogus $50 bill’s pot purchase can’t snuff out counterfeiting conviction
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.
COA affirms for grandchildren in trust property distribution dispute
The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.
Supreme Court reverses in dispute over implied adoption consent
A unanimous Indiana Supreme Court has reversed an adoption, holding that a parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing. In doing so, justices unanimously agreed with the dissenting judge in a divided Indiana Court of Appeals ruling.
Dismissal reversed in teen child-molesting case
A young adult accused of child molesting when he was a teenager has had his granted motion to dismiss a delinquency petition against him reversed. The Indiana Court of Appeals found the juvenile court had subject matter jurisdiction in the case.
Rush to present 2020 State of the Judiciary Wednesday
Indiana Chief Justice Loretta Rush next week will present the 2020 State of the Judiciary, the Indiana Supreme Court announced Friday.
62-year sentence affirmed for Evansville teen in murder case
A 62-year sentence has been affirmed for a teenager convicted of murdering a man outside of an Evansville gas station and food market, the Indiana Court of Appeals ruled Thursday.
Lawrenceburg distillery loses sewer rate ordinance appeal
A Lawrenceburg distillery couldn’t persuade the Indiana Court of Appeals on Thursday to reverse a ruling upholding a regional sewer district’s adoption of an ordinance that excluded it from being considered a direct customer.
Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
Split COA reduces manslaughter sentence after judge’s ‘compensation’
A split Indiana Court of Appeals panel has reduced a man’s voluntary manslaughter sentence after finding the judge who sentenced him did so in part “to compensate for what he believed to be an erroneous verdict.”
Bradford elected COA chief judge, succeeding Vaidik
The judges of the Indiana Court of Appeals have elected Judge Cale Bradford to serve for the next three years as the lower appellate court’s chief judge. He succeeds Judge Nancy Vaidik, whose term as chief expired last month. Bradford, whose term began Jan. 1., has served on the Court of Appeals for nearly 13 years.