Indiana Court Decisions — Aug. 29-Sept. 12, 2018
Read Indiana appellate decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Florida move allows Hoosier to escape Wisconsin judgment
A former Hoosier who moved to Florida will get to keep his money after the Indiana Court of Appeals found an order from a Wisconsin state court was void because the Badger State judicial system did not have personal jurisdiction.
COA: State has no burden to prove sanity
A man who unsuccessfully pursued an insanity defense failed to convince the Indiana Court of Appeals that the state had the burden of proving he was sane beyond a reasonable doubt in his attempted murder case.
COA: South Bend med-mal appeal lacks issues of fact
The Indiana Court of Appeals affirmed a grant of summary judgment to a South Bend hospital after it upheld that res ipsa loquitur did not apply to facts in a hip-replacement related negligence claim.
Ineffective counsel arguments in OWI appeal lack cogent reasoning
A man’s arguments on appeal from his drunken-driving conviction that he had ineffective assistance of counsel were rejected in substance and form by the Indiana Court of Appeals on Friday.
COA affirms ruling for lawyer on legal malpractice claim
The Indiana Court of Appeals affirmed summary judgment for a Bloomington lawyer accused of legal malpractice, finding the evidence negated the proximate cause element of the claim.
Indiana high court to consider city rental registration fee
The Indiana Supreme Court is preparing to review the constitutionality of a 2015 state law targeting the city of Hammond’s rental registration revenue.
COA remands to reconsider resentencing bid
The Indiana Court of Appeals found that prosecutorial consent was not required for an offender’s third sentence modification petition after an amended state statute removed that requirement in 2015.
COA overturns injunction against Charlestown code enforcement scheme
A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.
Lack of evidence fails man’s drug, credit time appeal
The Indiana Court of Appeals affirmed a man’s sentence was not inappropriate in light of his character and found the trial court didn’t err in calculating his credit time. The panel found the man failed to provide compelling evidence for both arguments.
Appeals on Wheels: COA heads south to hear arguments
The Indiana Court of Appeals will travel south next week to hear oral arguments in two cases involving convictions following the seizure of drugs and guns.
COA slams courts, DCS for violating parents’ due process
The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.
Reversal: Special PCR judge had authority to modify sentence
The Indiana Court of Appeals reversed a post-conviction court’s ruling after it found a special judge erred when he granted his own motion to correct error based on his belief he did not have the authority to accept an agreement between the defendant and the state.
Judges to mark Constitution Day with school visits this month
Judges across Indiana will mark the 231st anniversary of the signing of the United States Constitution on Sept. 17 by visiting schools and sharing with students the importance of the nation’s founding legal document.
COA rejects father’s child support challenge
A Marion County father has lost his appeal of a trial court’s child support order, failing to convince the Indiana Court of Appeals that he should have been credited for make-up parenting time he was exercising after his ex-wife began prohibiting him from seeing their child.
Justices agree to hear jury instruction, non-compete cases
The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.
Indiana Court Decisions — Aug. 16-28, 2018
Read Indiana appellate court decisions from the last reporting period.
Smartphone privacy ruling tests how technology affects rights
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Injunction upheld in auto assembly parts supply dispute
The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.
COA reverses CHINS adjudications
Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.