COA to hear commitment case Monday in Fishers
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.
Indiana Court of Appeals
Articles
COA: Sisters’ estate tort claims against brother may proceed
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
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
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
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
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
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
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
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’
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
Read Indiana appellate decisions from the most recent reporting period.
COA to hear cases at Ivy Tech Columbus, North Central
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
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
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
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
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
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.
Appeals court splits over ‘manifest injustice’ in resentencing
The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.
Appellate court says preferred venue statute is void
The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.
COA rules in Circle Centre escalator injury discovery dispute
The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.