Indiana Court of Appeals - The Indiana Lawyer

Justices send dismissed post-conviction case back to COA

November 19, 2018

The Indiana Court of Appeals errantly dismissed a man’s post-conviction relief case, the Indiana Supreme Court ruled, reinstating the man’s case last week and remanding it to the lower appellate court. Justices on Tuesday granted transfer in Kenny Green v. State of Indiana, 18S-PC-562, for the purpose of reinstating Green’s PCR case in the Indiana Court of Appeals with instructions to establish a briefing schedule for review of his appeal on the merits.

Despite testimony discrepancies, delinquency affirmed

November 19, 2018

The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.

COA finds miscalculation in divorce pension division

November 16, 2018

A seven-year-old divorce case is returning to the trial court after the Indiana Court of Appeals found the division of the husband’s pension and the monthly rehabilitative maintenance needed to be recalculated.

COA to hear commitment case Monday in Fishers

November 16, 2018

The Indiana Court of Appeals will hear argument next week in a case involving an involuntary mental health commitment that was not signed by the presiding judge.

COA: Sisters’ estate tort claims against brother may proceed

November 16, 2018

The Indiana Court of Appeals affirmed the denial of a son’s motion to dismiss when it found his sisters’ tort claims against him arising from a dispute over inheritance could move forward in the trial court.

Admitted evidence won’t be suppressed in OWI case, COA affirms

November 16, 2018

The Indiana Court of Appeals affirmed the denial of a Columbus woman’s motion to suppress evidence admitted related to her driving while intoxicated charges.

Order to return 5-unit apartment to single-family house upheld

November 15, 2018

The Indiana Court of Appeals affirmed a public works and safety board’s order that a man restore a property he uses as apartments back to a single-family dwelling after finding the home to be unsafe and sufficient evidence proved it was not a multi-family unit.

COA: Defendant with transcript has no right to trial recording

November 15, 2018

A trial court’s decision to decline to provide a criminal defendant with an electronic recording of his trial has been upheld, with the Indiana Court of Appeals ruling the defendant did not have a right to the electronic copy because he already had received the trial transcript.

School closing postpones traveling oral argument

November 15, 2018

A school closing due to winter weather postponed an oral argument that had been scheduled for Thursday on the north side of Indianapolis. The closing of North Central High School forced the rescheduling of oral arguments in Jazzmen Bails v. State of Indiana, and a new date and location was not immediately available.

COA upholds grant of treble damages, denial of liability

November 14, 2018

The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her.

Man’s misdemeanor resisting conviction overturned under continuous crime doctrine

November 14, 2018

The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.

Expired handgun permit not ‘misuse’ of firearm, COA says

November 13, 2018

A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.

COA upholds denial of pro se rights to ‘sovereign citizen’

November 13, 2018

The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."

Indiana Court decisions – Oct. 25-Nov. 7, 2018

November 13, 2018

Read Indiana appellate decisions from the most recent reporting period.

COA to hear cases at Ivy Tech Columbus, North Central

November 12, 2018

The Indiana Court of Appeals will hear traveling arguments in two cases this week, starting Tuesday in Bartholomew County with a case involving a drug-dealing conviction.

Felony advisory sentence doesn’t require sentencing statement, COA rules

November 9, 2018

A man arguing that a trial court abused its discretion in imposing an advisory sentence without issuing a statement lost his case when the Indiana Court of Appeals found that under Indiana code, courts are not required to issue statements for advisory felony sentences.

COA affirms denial of Kroger sales tax fraud claim

November 9, 2018

The Indiana Court of Appeals has affirmed the denial of a man’s fraud complaint against several grocery stores after finding his claims did not meet the specificity requirements of Indiana Trial Rule 9(B).

COA: ‘Irritated’ judge must make immigration findings

November 8, 2018

A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.

COA: Sisters separated from mother, brothers is in best interests

November 8, 2018

The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.

Reversal: Officer’s suit reinstated, bond requirement ambiguous

November 8, 2018

The Indiana Court of Appeals reversed a trial court’s grant of summary judgment to a Northeastern Indiana city when it found the lower court failed to fix a bond amount for a disciplined police officer by the time of judgment.

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