COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
Indiana Court of Appeals
Articles
Seriously injured truck driver’s suit against Celadon reinstated
A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.
Murder conviction stands for man who beat toddler to death
A man convicted of beating a 2-year to death failed to convince the Indiana Court of Appeals that his 65-year sentence should be reversed, concluding that the trial court did not misinterpret the terms of his plea agreement.
Public was not barred from man’s trial, COA rules
A man who argued the public was barred from his trial was denied an appeal of his drug-related convictions Thursday after an appellate panel confirmed that his Sixth Amendment right to a public trial was not violated.
Greenwood HOA fight goes back to trial court for damages hearing
A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.
Despite ‘not good law’ dissent, COA affirms ruling against fired worker
A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”
Reversal: No valid settlement in Crown Point bicycle crash
Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.
COA’s error leads to rehearing, affirmation of TPR reversal
The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.
Despite snoozing juror, meth, theft convictions affirmed
Convictions for a man who attempted to make meth were upheld by an Indiana Court of Appeals panel Wednesday after it concluded no abuse of discretion occurred when a sleeping juror in his case was replaced, and that his argument for a new trial was waived.
Divided COA upholds weapons conviction after traffic stop
A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.
COA hears case of denied police records in death investigation
An Indiana Court of Appeals panel heard arguments Monday concerning a grieving father’s denied request for public records related to the mysterious death of his daughter. The case presents an issue of first impression concerning public access to law enforcement records.
Drug evidence found in locked safe properly admitted, COA rules
A man’s convictions of possessing meth and a syringe were upheld Monday when an appellate panel affirmed no abuse of discretion occurred when evidence discovered inside a locked safe in his car were admitted at trial.
Reversal: Inmate denied DOC manual gets new trial
An inmate’s claims he was denied a fair trial can move forward now that the Indiana Court of Appeals has concluded the state’s failure to provide him with an Indiana Department of Corrections professional conduct manual left him unable to prepare a proper defense against an officer who shoved him.
COA to hear denied public records request in case of woman’s death
The Indiana Court of Appeals will travel to Evansville on Monday to hear arguments in a case involving the denial of a man’s request for access to public records.
Complaint for repayment on promissory note time-barred, COA says
The Indiana Court of Appeals on Friday reversed in part a judgment in favor of man who filed for repayment on a defaulted promissory note, finding his complaint against the purchaser was filed after the statute of limitations passed.
Reversal: COA orders return of once-‘dangerous’ man’s 51 guns
After more than six years of being considered statutorily “dangerous” and unfit to possess firearms, a man whose 51 guns were taken from him by the state for his bizarre behavior will have them returned to his care.
COA upholds UIM benefits less than liability coverage
The Indiana Court of Appeals affirmed a grant of judgment to an insurance company despite a man’s contentions of error in allowing the policy’s coverage of underinsured motorist benefits to be less than its underlying liability coverage.
COA rules weapons search that revealed drugs constitutional
An Allen County drug possession trial will proceed with evidence obtained from a pat-down search after the Indiana Court of Appeals determined the search was constitutional.
COA reverses civil ruling for alleged drunken driver
The victim of an alleged drunken driving accident will have the opportunity to seek punitive damages after the Indiana Court of Appeals determined summary judgment for the allegedly drunken driver was not appropriate.
COA upholds trial court’s denial of motion to waive juvenile murder delinquent to adult court
The Indiana Court of Appeals declined to reverse a trial court’s decision not to waive a juvenile murder case to adult court after it concluded there was sufficient evidence to support the decision.