Attempted murder, battery convictions vacated after speedy trial request not met
A man’s attempted murder and battery convictions have been vacated by the Court of Appeals of Indiana, which determined that his speedy trial request was not met.
Indiana Court of Appeals
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State intervention needed in CHINS case due to father’s OWI convictions, alcohol issues, COA affirms
A father’s multiple arrests and alcohol abuse issues necessitated removing his three children from his home and placing them with their maternal grandmother, the Court of Appeals of Indiana affirmed Tuesday.
COA affirms drug, resisting law enforcement convictions, probation revocation
The Court of Appeals of Indiana has upheld the convictions and sentence of a man convicted on drug-related charges who argued that the revocation of his probation in a separate theft case was an abuse of discretion.
IN Supreme Court denies 21 transfer petitions
The Indiana Supreme Court denied 21 transfer petitions for the week ending Nov. 10, granting none.
IN Supreme Court to hear oral arguments in medical malpractice case
The Indiana Supreme Court will hear oral arguments this month in a case involving a patient who had surgery and was later informed that one of the hospital’s technicians didn’t complete the sterilization process for surgical instruments.
Father deserves more time to build relationship with child, split COA affirms in adoption denial
A man with an extensive criminal history has made significant steps through his participation in drug court and shown that he clearly desired to act as his child’s father, a split Court of Appeals of Indiana affirmed Friday.
Failure to call experts wasn’t deficient, COA rules
A man whose attorney failed to call two key experts in his child molesting trial failed to convince the Court of Appeals of Indiana that his attorney performed deficiently.
Teen’s limited contacts with ex after breakup not threatening, COA rules in reversal of protection order
Wading into a dispute over a middle school romance gone wrong, the Court of Appeals of Indiana has reversed a protective order issued against a teen who tried to contact his ex while the two were at school.
State not responsible for compensating couple that built illegal dam on property, COA affirms
A Grant County couple cannot “rely on the state to bail them out” and are not entitled to compensation for damages related to the construction of a massive dam on their property, the Court of Appeals of Indiana affirmed Wednesday.
Probation department entitled to quasi-judicial immunity on estate’s negligence claim, COA rules
The Marion Superior Court Probation Department is entitled to immunity against the negligence claim brought by the estate of a man who was killed by a juvenile on probation, the Court of Appeals of Indiana has ruled.
Jury instructions, verdict not erroneous in car crash negligence case, COA affirms
A motorist whose vehicle was rear-ended proved negligence on the other driver’s part but was also partially at fault, the Court of Appeals of Indiana affirmed Tuesday, also upholding the jury instructions.
COA reverses, finding tenant denied due process in eviction proceeding
A small claims court violated a tenant’s due process rights when it did not give her adequate notice of a hearing on a nonemergency eviction claim and did not allow her to prepare and present her defenses, the Court of Appeals of Indiana ruled.
COA rejects 4th Amendment arguments but finds insufficient evidence to support marijuana conviction
A man convicted of drug charges could not convince the Court of Appeals of Indiana that meth-related evidence was improperly admitted at his trial, but he did prevail on his argument that there was insufficient evidence to support a marijuana conviction.
Grandfather can proceed with visitation petition, COA rules in reversal
A grandfather may proceed with his petition for visitation with his grandchild, the Court of Appeals of Indiana has ruled in reversing the dismissal of that petition.
IN justices grant transfer in 2 cases, deny case that split COA over new double jeopardy rules
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
COA allows nurse’s med-mal complaint against doctor to continue
A nurse who contracted a skin infection through her work at a Hobart hospital can pursue a medical malpractice complaint against a physician, the Court of Appeals of Indiana ruled in a Thursday reversal.
Man convicted of murder of pregnant Indy pastor’s wife loses appeal
The man convicted of the 2015 murder of a pregnant Indianapolis pastor’s wife has lost his argument on appeal that inadmissible statements to law enforcement undercut his convictions of murder and other charges.
Indiana Court Decisions: Oct. 19-Nov. 1, 2023
Read Indiana court decisions from the most recent reporting period.
O’Gallagher: The effect of termination on workers’ compensation
Masterbrand Cabinets v. Douglas Waid deals with an issue that comes up very often in Indiana workers’ compensation. It is a question for which there has not been clear legal standards, certainly before this decision, and arguably still currently.
Justices to hear arguments Wednesday in ‘unprecedented revision’ of invasion of privacy sentence
The Indiana Supreme Court will hear oral arguments Wednesday in a case involving a man who was convicted of 10 counts of misdemeanor invasion of privacy but whose sentence was sharply reduced by a split Court of Appeals of Indiana.