Indiana Court of Appeals - The Indiana Lawyer

David, Goff publish dissent after justices let stand parents’ reimbursement order

February 21, 2019

Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.

COA affirms vengeful brother’s intent to commit battery

February 20, 2019

A man who tried to avenge his sister by beating up her boyfriend who allegedly threatened to hit her failed to convince appellate judges that the boyfriend did not suffer serious bodily injuries from the attack carried out during a burglary.

COA upholds Vectren energy efficiency plan that allows nearly $55M in lost revenue recovery

February 19, 2019

An energy efficiency plan that allows Vectren to recover nearly $55 million in lost revenue was not erroneously approved by the Indiana Utility Regulatory Commission, the Indiana Court of Appeals ruled Tuesday.

Appellate court: Termination of father’s parental rights not erroneous

February 19, 2019

A Marion County father has lost his appeal of the termination of his parental rights after the Indiana Court of Appeals determined the termination was not clearly erroneous.

Headbutting ram’s owner must face premises liability claim, COA rules

February 19, 2019

A woman who was headbutted by a ram while tending to another woman's animals can continue to pursue her premises liability claim against the ram’s owner, the Indiana Court of Appeals has ruled.

Indiana Court Decisions — Jan. 31-Feb. 13, 2019

February 19, 2019

Read Indiana appellate decisions from the most recent reporting period.

Father’s assertion of Fifth Amendment rights splits COA

February 18, 2019

Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.

Court of Appeals to hear appeals in Grant, Knox counties this week

February 18, 2019

The Indiana Court of Appeals will travel to the northern and southern parts of the state this week to hear oral arguments in two cases, one involving murder and the other involving drug possession.

COA rejects hearsay exception argument, upholds murder conviction

February 18, 2019

The Indiana Court of Appeals affirmed a man’s murder conviction and 65-year sentence after finding the defendant failed to show how out-of-court statements allegedly made by several individuals qualified as an exception to the hearsay rule.

Justices consider admissibility of disciplinary history of medical expert

February 15, 2019

Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.

COA: Stolen gun’s owner shielded from suit in fatal shooting

February 14, 2019

The Indiana Court of Appeals denied a mother’s argument of negligence against a gun owner whose stolen handgun caused the death of her son. The appellate court found the gun owner was shielded from liability under Indiana Code section 34-30-20-1.

Collector of some 1,000 child-porn images keeps 10-year sentence

February 14, 2019

The Indiana Court of Appeals affirmed a man’s sentence and convictions for child exploitation and possession of child pornography when it found the heinousness of his crimes warranted the sentence.

Dad who beat son, 6, loses parental privilege defense appeal

February 14, 2019

An Allen County father who repeatedly struck his 6-year-old son in the face causing serious bruising after he accused the child of stealing his cigarettes had no viable claim of parental privilege shielding him from battery convictions.

Madison County man’s child molesting, solicitation convictions upheld

February 14, 2019

An Alexandria man who unsuccessfully moved for a mistrial and challenged evidence the state produced to convict him of child molesting failed to convince the Indiana Court of Appeals that the trial court had erred or that his 12-year executed sentence was inappropriate.

Split COA affirms suppression after faulty controlled drug buy

February 13, 2019

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

State loses appeal to waive teen to adult court in fatal crash case

February 13, 2019

The state failed to convince the Indiana Court of Appeals that a juvenile court erred in denying a motion to waive to adult court a Vigo County teen accused of causing a fatal car crash.

David, Rush publish dissent as high court lets stand sentencing via video

February 13, 2019

Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.

COA: Evidence not inadmissible hearsay in domestic battery

February 12, 2019

The Indiana Court of Appeals affirmed a man’s domestic battery and strangulation convictions when it found his arguments failed to prove that admitted evidence was inadmissible hearsay.

Appeals court heads to Terre Haute to hear murder case

February 12, 2019

A panel of the Indiana Court of Appeals traveled to Terre Haute today hear oral argument in a case involving murder, attempted murder and armed robbery.

COA: Stolen used tires of value; theft conviction affirmed

February 11, 2019

The Indiana Court of Appeals affirmed a woman’s conviction for stealing used tires from an Avon auto dealership when it found the tires were of value because they presented a liability to the dealership if used without authorization.

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