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.
Indiana Court of Appeals
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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.
COA upholds unequal division of assets after 24-day marriage
A dispute over the division of assets from a marriage that lasted less than one month has ended with the Indiana Court of Appeals upholding a trial court’s decision to rule against the presumption of the equal division of the marital estate.
COA to hear arguments in Hendricks, Tippecanoe counties
The Indiana Court of Appeals will hear two oral arguments on the road this week when it travels to Hendricks and Tippecanoe counties on Monday and Thursday.
Valpo attorney suspended for failing to refund unperformed work
A Valparaiso attorney who neglected a client’s appeal and failed to refund a fee paid for his unperformed service has been suspended from the practice of law in Indiana for 90 days and cannot be reinstated until he pays full restitution.
Court reverses judgment for buyer in soured land-sale deal
A Marion Superior judge clearly erred in excluding a contract as evidence, then wrongly ruled for the defendant in a lawsuit arising from a home sale agreement she backed out of, the Indiana Court of Appeals determined Friday.
Unemployment benefits upheld for man who resigned after threatened demotion
The Indiana Court of Appeals affirmed the grant of unemployment benefits to a man who voluntarily resigned from his job after being told he would be demoted, finding the man’s employer failed to provide evidence as to why it wanted to demote him.
Summary judgment for law firm in legal malpractice case reversed
The Indiana Court of Appeals has reversed and remanded summary judgment for an Indianapolis law firm in a legal malpractice case after finding a question of fact as to whether an auto company had a reasonable belief that its attorney was acting as an agent for the law firm.
Appellate court upholds $256K award for man acquitted of theft
The Indiana Court of Appeals affirmed an award of more than $250,000 to a man falsely accused of theft after finding that the man’s accuser was not entitled to summary judgment based on qualified privilege and that the award was not excessive.
Probation revocation petition after term ended affirmed
A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.