Court of Appeals won’t rehear Lake Monroe logging case
The Indiana Court of Appeals has declined to rehear a couple’s lawsuit seeking to stop a neighbor’s logging of his property along Lake Monroe.
Indiana Court of Appeals
Articles
COA rejects covered bridge arsonist’s insanity defense
A man who set two Indiana covered bridges ablaze and almost burned down a third lost his insanity defense appeal after the Indiana Court of Appeals concluded he was legally sane at the time of the crimes.
Justices reject marijuana ‘pursuit of happiness’ appeal
The state’s high court will not partake in arguments that laws criminalizing marijuana violated a man’s right to the pursuit of happiness, snuffing out his challenge to Indiana’s pot prohibition.
CHINS case dismissed for untimely fact-finding hearing
A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.
Reversal: Wife’s protective order against husband lacks evidence
There wasn’t enough evidence to prove a woman in the middle of a divorce need a protective order, the Indiana Court of Appeals ruled, finding there was no evidence her husband was stalking her.
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths Tuesday, they were reminded that just as they needed to achieve this success, they will continue through their careers to need a little help from their friends. The 120 individuals who passed the February 2019 Indiana Bar Exam were admitted to the Indiana Supreme Court as well as the Northern and Southern Indiana District Courts.
Justices to hear murdered student’s wrongful death, denied TPR cases
More than 50 cases were denied transfer last week, but Indiana Supreme Court justices agreed to hear arguments in two cases involving a teen’s murder and a reversed denial to terminate a mother’s parental rights.
Indiana Court Decisions — April 25-May 8, 2019
Read Indiana appellate court decisions from the most recent reporting period.
IU McKinney announces rural justice judicial clerkships
A second Indiana law school has partnered with the Indiana Supreme Court to expose more students to the practice of law in less urban communities through a rural judicial clerkship program. Indiana University Robert H. McKinney School of Law announced its collaboration with the state’s highest court, introducing five students who will take part in the “Supporting Rural Justice Initiative.”
COA reverses judgment in siblings’ estate dispute
A disagreement between two siblings has been squashed now that an appellate court has sided with a woman who was granted last-minute possession of her mother’s estate just days before her death, canceling a former transfer on death deed shared with her brother.
Fired whistleblower’s case against IDEM reinstated, remanded
A long-running dispute between the Indiana Department of Environmental Management and a terminated employee has been partially revived after a panel of appellate judges agreed the former worker could have been held personally liable for misuse of state funds.
Father convicted of murdering children’s mother denied TPR appeal
An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.
Father convicted of murdering children’s mother denied TPR appeal
An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.
COA tosses shooter’s intimidation conviction as double jeopardy
A man’s attempted murder conviction for shooting at a sheriff’s lieutenant while drunk was upheld by the Indiana Court of Appeals, which also vacated his felony intimidation conviction as double jeopardy.
Driving while suspended conviction reversed; gun evidence upheld
Evidence of a gun found inside a truck during a traffic stop was not suppressed despite a man’s appeal, but his conviction for driving while suspended was vacated by an appellate court after both parties agreed there was insufficient evidence to support it.
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.
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.