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.
Indiana Court of Appeals
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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.
No error in sentencing enhancement for man with prior conviction, 7th Circuit affirms
A district court did not plainly err in applying a sentencing enhancement to a man who pleaded guilty to distributing drugs, the 7th Circuit Court of Appeals has ruled.
COA affirms dismissal of insurance dispute for lack of jurisdiction
A worldwide retailer’s complaint against its insurer will not continue in Indiana state court after the Court of Appeals of Indiana affirmed dismissal for lack of personal jurisdiction.
Murder, attempted robbery convictions upheld after shooting during marijuana deal
Despite an improper jury instruction, the Court of Appeals of Indiana has upheld murder and attempted robbery convictions in a case involving a drug deal turned deadly.
Appellate court rejects constitutional arguments, upholds drug convictions
The Court of Appeals has declined to overturn a man’s methamphetamine-related convictions, rejecting the man’s argument that the search of his vehicle violated his constitutional rights.
COA affirms jury verdict in favor of home sellers accused of fraudulent misrepresentation
A couple alleging fraudulent misrepresentation in their purchase of a home has failed to convince the Court of Appeals of Indiana that the jury was improperly instructed or that the verdict in favor of the sellers was not supported by the evidence.
Disabled daughter’s disability benefits can’t be used to offset father’s child support obligation, COA affirms
Addressing a child support dispute for the second time on appeal, the Court of Appeals of Indiana has rejected a father’s argument that his disabled daughter’s disability benefits should be used to offset his child support obligation.
No error in granting receiver’s turnover motion after deposits in out-of-state bank account, COA affirms
A trial court did not err in issuing a turnover order to obtain assets in a case involving millions of dollars in promissory notes, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
IN justices: Civil forfeiture defendants have constitutional right to jury trial
Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.
State not entitled to ITCA immunity in case of woman injured on redesigned highway, COA affirms
The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.
Woman in divorce case can’t relocate with her child to San Diego, COA affirms
A mother whose request to relocate to California with her minor child was denied has failed in her bid for relief from the Court of Appeals of Indiana.
Trial court’s improper remark on reasonable doubt standard not enough to overturn murder conviction, COA affirms
A trial court’s remark endorsing “80% certainty” as a description of the reasonable doubt standard was improper but did not rise to the level of fundamental error for a woman convicted of murder in a fatal robbery, the Court of Appeals of Indiana ruled Monday.
Collateral consequences doctrine doesn’t apply to moot involuntary commitment appeal, COA rules in dismissal
The Court of Appeals has dismissed as moot the appeal of a woman’s involuntary commitment, determining the collateral consequences doctrine does not apply in her case.
Speedway immune from lawsuit filed after police dog bit delivery driver
The town of Speedway is immune from a lawsuit filed by a delivery driver who was bitten by a town K-9 officer, the Court of Appeals of Indiana has affirmed.