Justices amend appellate procedure rules
The Indiana Supreme Court has made amendments to several Indiana Appellate Rules of procedure. The amended rules largely address changes in notice of appeal requirements.
Indiana Court of Appeals
Articles
COA divided on motion for discharge argument in molestation case
A split Indiana Court of Appeals has affirmed the denial of a man’s motion for discharge of his child molesting and child solicitation counts under Indiana Rule of Criminal Procedure 4(C), with a dissenting judge arguing that because proceedings were not stayed until months after an interlocutory appeal was filed and accepted, the tolling rule doesn’t apply.
Neighbors’ property-ownership dispute reversed in adverse possession case
The Indiana Court of Appeals has reversed a decision quieting title of two pieces of land in a battle between Miami County neighbors, finding there wasn’t enough proof that the parcels were acquired by adverse possession.
Denial of last-minute habitual offender amendment upheld in triple-fatal
A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.
Surgeon loses malpractice appeal in amputation case
A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.
COA reverses judgment for bank in credit card debt appeal
A bank has failed to prove that one of its customers is thousands of dollars behind on her credit card payments, the Indiana Court of Appeals ruled Thursday.
Placement of juvenile in DOC stands after appeal
A teenager now under the wardship of the Indiana Department of Correction lost arguments Wednesday that the decision to declare him a ward of the DOC was an abuse of discretion.
Reversal: Bank loses in lengthy foreclosure battle
The Indiana Court of Appeals reversed judgment awarded to a bank against a former homeowner who filed for bankruptcy, finding that because the man had been discharged of any liability on the mortgage, the judgment was in error.
COA on rehearing lets stand ruling setting aside tax deed
The Indiana Court of Appeals on Tuesday rejected multiple arguments regarding its prior decision involving the LaPorte County auditor’s failure to check records that would have revealed the address of a Michigan City property owner whose land was sold without notice for back taxes.
Patient’s claim her x-rays were wrongly shared reinstated
A Lake County woman whose medical records were unknowingly shared with her employer by a Community Hospital worker in Munster who took her x-rays has won a reversal of her dismissed complaint against the hospital.
COA splits on admission of counselor records in child molesting case
An adoptive father’s child molesting conviction will stand, a divided appellate court determined Tuesday, disagreeing as to whether privileged records from a one-on-one counseling session with the victim should be admitted.
Justices to review 181-year sentence imposed on Gary teen
The Indiana Supreme Court granted petitions to transfer in two cases last week, agreeing to hear a case concerning the sentence imposed on a 16-year-old murder defendant and a matter regarding a motorcycle crash involving a state trooper.
COA will hear habitual offender, frat house oral arguments
The Indiana Court of Appeals is set to hear oral arguments this week involving a man’s prolonged fight against his habitual offender status as well as a dispute regarding an Indiana University fraternity house property.
Unemployment benefits upheld after employer misses phone hearing
An employer who failed confirm its presence at a telephonic hearing it was scheduled to have with a recently terminated employee couldn’t convince the Indiana Court of Appeals that it was denied a reasonable opportunity for a fair hearing.
Rush, David dissent in denial of appeal after joint mistrial request rejected
A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.
COA: Dollar Tree can open on former Walgreens lot
The denial of an Indianapolis property owner’s request to put a Dollar Tree in a vacant drugstore building was an abuse of discretion, the Indiana Court of Appeals affirmed in a Friday decision.
COA reverses denied for-cause challenge against unwilling juror, orders new trial
A wrongful death case will proceed to retrial after the Indiana Court of Appeals reversed the denial of a woman’s motion to strike a potential juror who expressed an unwillingness to decide the question of damages.
COA upholds 75-year sentence in kidnapping, confinement
A man who stalked and kidnapped two women at gunpoint and led police on a vehicle chase couldn’t persuade the Indiana Court of Appeals to reduce his aggregate 75-year sentence.
Indiana Court Decisions – Sept. 12–25, 2019
Read Indiana appellate decisions from the most recent reporting period.
Video hearings did not result in unfair or harmful juvenile proceedings
Two juveniles will remain wards of the Indiana Department of Correction after the Indiana Supreme Court found that while their participation in their modification hearings through Skype violated an administrative rule, it did not cause a fundamental error.