Court fight continues over logging along Lake Monroe
Some property owners along southern Indiana’s Lake Monroe are making a new attempt to stop a neighbor from logging his land.
Indiana Court of Appeals
Articles
COA reverses med-mal ruling in favor of doctor, hospital
The Indiana Court of Appeals has reversed and remanded a judgement in favor of an East Chicago hospital and doctor after finding the Medical Malpractice Act did not govern a claim alleging the doctor negligently shared a patient’s health information.
Dismissal of lawyer’s defamation suit against magistrate affirmed
A Lafayette attorney alleging a Tippecanoe County magistrate defamed him by reporting he was carrying a firearm in court in violation of state law lost his appeal of the dismissal of his defamation case when the Indiana Court of Appeals concluded the magistrate was acting within her judicial capacity.
Domestic battery, confinement convictions upheld against abusive boyfriend
A man who severely beat his girlfriend and held her hostage for several hours has lost his appeal of his domestic battery and criminal confinement convictions.
7th Circuit reversal: Damages claims brought by exonerated man may proceed
An exonerated man whose murder conviction was vacated nearly a decade ago can continue seeking damages against the investigators in his case, the 7th Circuit Court of Appeals has ruled, reversing a lower court’s decision that the claims couldn’t stand.
Justices grant transfer in one case, deny 23 others
Indiana Supreme Court justices rejected nearly all the cases brought before the high court last week on petition to transfer, granting one case and dividing on two others.
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Supreme Court: Summarily approved commitment orders not valid
The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.
Double jeopardy violation prompts reversal of man’s child molesting conviction
A man convicted for child molesting was granted relief from one of his convictions after an appellate panel agreed that his double jeopardy rights were violated when the state was permitted to amend a charge for which he had already been acquitted.
COA tosses convictions on new charges introduced at trial
A split Indiana Court of Appeals reversed four counts of a woman’s conviction, finding the trial court abused its discretion in allowing the state to amend the charging information without giving the defendant a “reasonable opportunity” to prepare and defend against the new counts.
Biological dad’s paternity petition dismissed
The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.
Appellate court: Bar owed duty to patron injured in parking lot fight
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
COA rules Right to Farm Act does not violate Constitution
A 28-page opinion issued from the Indiana Court of Appeals on April 22 on the state’s Right to Farm Act is being hailed as the best of rulings and the worst of rulings. The case may be appealed to the Indiana Supreme Court.
COA upholds domestic battery convictions after ‘vicious’ beating
A southern Indiana man accused of brutally beating and confining his girlfriend has lost his appeal of his domestic battery-related convictions, with the Indiana Court of Appeals rejecting his evidentiary challenges.
Indiana Court decisions – April 11-24, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Split COA grants new trial to defendant denied pro se request
A split Indiana Court of Appeals has granted a new trial to a man who was convicted after he was refused his right to represent himself in his criminal case. The majority found the defendant timely filed and was unjustly denied his pro se request.
Mom’s credit-restricted felon classification removed from molesting sentence
A woman who received a maximum sentence and classification as a credit-restricted felon for molesting her son was granted her request to have that classification removed from her sentence Thursday.
Justices consider whether Skype appearance violated juveniles’ rights
Indiana Supreme Court justices heard arguments in two consolidated and procedurally identical cases Thursday, questioning whether two juveniles who appeared at disposition modification hearings via Skype were denied their rights to be present.
Ex-Ball State professor gets reversal on three child porn convictions
A former Ball State math professor convicted of child pornography and exploitation charges last year will have three of his convictions reversed after the Indiana Court of Appeals found some of the images of nude children he possessed did not explicitly depict “sexual conduct.”
Reversal: Drunk driver’s BAC lower than listed in conviction
A man’s drunken driving convictions were reversed Friday after the Indiana Court of Appeals found insufficient evidence that his blood alcohol concentration met the requisite limit for the convictions.