Venue transfer appeal heads to Ivy Tech Indianapolis
Questions raised regarding the meaning of the term “principal office” will be heard in an Appeals on Wheels oral argument Tuesday morning at Ivy Tech Community College.
Indiana Court of Appeals
Articles
COA: DOC placement best for juvenile, community’s safety
The Indiana Court of Appeals affirmed the placement of a teen boy in the Indiana Department of Corrections when it found that placement would best promote community safety and his best interests.
COA: Judgment affirmed in eminent domain action
The Indiana Court of Appeals affirmed the grant of summary judgment to a town in an eminent domain action when it found the land was neither real property occupied by an owner nor agricultural land, so the previous owners were not entitled to receive enhanced compensation.
Justices affirm delinquency in Seymour school plot
The Indiana Supreme Court upheld Thursday the juvenile delinquency adjudication of a sophomore who was found to have plotted to shoot up and blow up Seymour High School during the 2015-2016 school year.
Uninsured motorist ruling for passenger crash victim reversed
A man who won a judgment that he was covered by his auto insurance’s uninsured motorist policy after a crash that left him a quadriplegic lost the ruling in his favor Wednesday. The Indiana Court of Appeals decision could cost him millions of dollars that a jury awarded in a separate trial.
Nonsupport case divides COA on right to be present
The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.
Reversal: Key CHINS hearing must be within 120 days
The Indiana Court of Appeals reversed two CHINS petitions when it ruled fact-finding hearings must be completed within 120 days of filing, regardless of any act or agreements of the parties involved.
COA: Deputy’s hearsay wouldn’t change resisting conviction
A habitual offender convicted of resisting law enforcement could not convince the Indiana Court of Appeals on Tuesday that a trial court’s error in admitting hearsay evidence in his case made a fair trial impossible.
Medical malpractice reversal finds for providers
Health care providers who removed part of a man’s lung after a biopsy sample was misread as likely cancerous are entitled to summary judgment in his medical malpractice case, the Indiana Court of Appeals ruled Tuesday, reversing a trial court ruling.
Appeals on wheels heads east for OWI argument
The Indiana Court of Appeals will travel east this week to hear argument in a case involving a woman convicted of operating a vehicle while intoxicated. The case will be heard Tuesday at Winchester Community High School.
Immigrant’s guilty plea withdrawal denied despite ineffective counsel
The Indiana Court of Appeals has reaffirmed the denial of a man’s petition to withdraw his guilty plea after determining the man failed to establish he was prejudiced by his counsel’s failure to adequately warn him of the threat of deportation before entering into a guilty plea.
COA: Fired deputy marshal wrongly denied hearing
The Indiana Court of Appeals reversed a decision that found a deputy town marshal was not entitled to a hearing following his employment termination. The deputy had been fired after taking leave for a medical condition.
ISBA poll results favor retention of Slaughter, Altice
A new poll of Indiana State Bar Association members strongly supports keeping two state appellate judges on the bench, but Hoosiers will have the final say on their retention this November.
COA allows environmental cleanup claims filed after 10 years
In a decision about the cleanup and redevelopment of an old industrial site, the Indiana Court of Appeals has provided a definitive answer to a long-simmering debate among Indiana environmental lawyers.
COA: No error in calculating $35K in attorney’s fees
The Indiana Court of Appeals affirmed the award of more than $35,000 in attorney’s fees, despite a lawyer’s argument that the amount awarded to a plaintiff in an employment suit was miscalculated.
New COA judge Tavitas honored as ‘true public servant’ at robing ceremony
There are many adjectives friends and colleagues used to describe Elizabeth Tavitas, the newest Indiana Court of Appeals judge, when they gathered to celebrate her ceremonial robing on Monday. But as each speaker described their unique experiences with Tavitas, there was a common theme running through each set of remarks: service.
COA reverses firearm conviction after erroneous continuance
An Evansville firearm conviction against a convicted felon must be reversed after the Indiana Court of Appeals found a trial court erred in granting the state’s request for a continuance six days before trial.
Appellate court upholds robbery, conspiracy convictions
A northern Indiana man who planned and executed the robbery of a home after being invited to stay at the residence has lost his appeal of his convictions and sentence before the Indiana Court of Appeals.
Indiana Court Decisions — Sept. 13-26, 2018
Read Indiana appellate court decisions from the most recent reporting period.
COA reverses default ruling against race horse veterinarian
The Indiana Court of Appeals reversed a decision that found a Hoosier racehorse veterinarian in default without a hearing in a disciplinary action against him by Indiana Horse Racing Commission.