COA to host Tavitas robing ceremony next week
Newest Indiana Court of Appeals Judge Elizabeth F. Tavitas will be ceremonially sworn into office next week when the court hosts a public robing ceremony.
Indiana Court of Appeals
Articles
Public Defender Commission announces legislative priorities
The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.
Three magistrate finalists named for Lake County judgeship
Republican Gov. Eric Holcomb will select one of three magistrate judges to fill the vacancy on the Lake Superior Court created when Judge Elizabeth Tavitas was appointed to the Indiana Court of Appeals this summer. The Lake County Judicial Nominating Commission late Tuesday named magistrate judges Lisa A. Berdine, Thomas P. Hallett and Nanette K. Raduenz as finalists to succeed Tavitas in Lake Superior Court 3, family division.
Justices amend appellate, small claims rules
The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.
Termination of ex’s house payment obligation reversed
The Indiana Court of Appeals reversed a decision that found an “ambiguous” dissolution settlement agreement made no indication as to the father’s child support obligations and that his payments for a mortgage and car would supplement them.
Reversal voids sale of properties by unauthorized agent
The Indiana Court of Appeals reversed a decision granting summary judgment in favor of two companies who purchased real estate in a sale that was voided after the seller was found to have no authority to sell it.
Juvenile’s placement in DOC for firing gun affirmed
A troubled Elkhart County juvenile who was adjudicated delinquent after firing a handgun failed to convince the Indiana Court of Appeals that he was wrongly committed to the Department of Correction.
Lawsuits charge Rainbow Realty’s rent-to-buy contracts target the most vulnerable
A case before the Indiana Court of Appeals is at least the third pending suit involving Rainbow Realty and its rent-to-buy program. The Indiana Attorney General filed a complaint in Marion Superior Court in January 2013, and the Fair Housing Center of Central Indiana filed a class action in the U.S. District Court for the Southern District of Indiana in May 2017.
Indiana Court Decisions — Aug. 29-Sept. 12, 2018
Read Indiana appellate decisions from the most recent reporting period.
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.