Reversal: Claim of 165 texts in 24 hours doesn’t prove stalking
The Indiana Court of Appeals revoked a man’s protective order against the mother of his child when it found that her excessive messaging in a 24-hour period did not constitute stalking.
Indiana Court of Appeals
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COA: Admission of interview video harmless in firearm conviction
The Indiana Court of Appeals affirmed the firearm conviction and sentence of a man when it found the admission of a nearly incomprehensible interview video was, at most, harmless in his case.
COA heading northwest, southwest for oral arguments
The Indiana Court of Appeals will head northwest to start off a full week of oral arguments in Newton and Tippecanoe counties, ending its trip down south in Daviess and Gibson counties.
COA: Lawyer’s $3.4M fee wrongly applied in child support
A trial court miscalculated the impact of a Merrillville lawyer’s $3.4 million legal fee in a personal injury case on his child support obligation, the Indiana Court of Appeals ruled Friday.
Med-mal judgment for insurers against hospital reversed
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
COA sends houseboat dispute to arbitration
A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.
Judgment affirmed for insurer uninformed of claims
A divided Indiana Court of Appeals affirmed the grant of summary judgment to an insurance company after a client waited more than a decade to notify it had made payments in several suits brought against it.
COA upholds admission of evidence after warrantless car search
The Indiana Court of Appeals has upheld the admission of evidence found during the warrantless search of a convicted drug felon’s vehicle, finding the search did not violate the man’s state constitutional rights.
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
DCS criticized for lax notice, but mom’s termination affirmed
The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.
Habitual offender enhancement vacated for failure to inform
The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.
COA: Jury trials unavailable for expungements
A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.
New lawyers reminded of civility, service and family at admission ceremony
Emphasizing civility and community service, Indiana state and federal judges along with other members of the legal profession welcomed nearly 300 new attorneys to the practice of law Tuesday as part of the Indiana Supreme Court Admission Ceremony.
Appellate court affirms summary judgment for rental property owner in insurance dispute
The Indiana Court of Appeals affirmed the grant of summary judgment to a rental property owner involved in an insurance dispute following a house fire of one of her rental properties after finding a garage that was damaged in the fire should have been covered under the property’s insurance policy.
COA affirms denial of ineffective counsel PCR claim
The Indiana Court of Appeals affirmed Tuesday the denial of a man’s successive petition for post-conviction relief, finding the man’s trial attorney’s strategy was not constitutionally ineffective.
Indiana Court Decisions — Sept. 27-Oct. 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
Oral argument: Bright-line speeding rule requested in OWI case
The Indiana Supreme Court heard oral argument Monday morning on a speeding-turned-OWI case following its grant of transfer to the state’s appeal, including concerns regarding reasonable suspicion.
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.
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.