Articles

Long-running IBM suit against state back before COA

The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.

Read More

Artist donates truth-inspired sculpture to COA

A new reminder of truth hangs permanently in the Indiana Court of Appeals office, after Broad Ripple artist Biagio Azzarelli donated his contemporary sculpture entitled “The Truth” to the appellate court on Wednesday.

Read More

Sex offender’s rights not violated by registration extension

An Allen County sex offender’s constitutional rights were not violated when the period of time he was required to register as a sex offender was extended after a legislative amendment enacted after he was convicted of the sex crime, the Indiana Court of Appeals ruled Wednesday.

Read More

Default custody judgment against Florida mom reversed

A Florida mother can continue with an Indiana custody dispute with the father of her teenage daughter after the Indiana Court of Appeals reversed a default judgment against her. Chief Judge Nancy Vaidik used the opinion to caution trial courts against issuing default judgments in custody cases where a parent shows good cause for a continuance.

Read More

Smartphone privacy first impression case splits COA

Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.

Read More

COA affirms denial of shooter’s request to proceed pro se

The Court of Appeals affirmed Monday the decision not to let a Vanderburgh County man who shot up an Evansville rescue mission to proceed pro se, finding his history of mental illness justified the trial court's requirement that he proceed with counsel. 

Read More

Affirming juvenile DOC placement, COA seeks effective counsel guidance

A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.

Read More

Corrected exhibit slipped by COA; ‘disregard’ admonishment

The Indiana Court of Appeals, which issued a stern warning to defendants about misrepresenting their case, acknowledged an amended exhibit had been given to the trial court. While reaffirming its earlier decision, the panel noted that a harshly worded footnote criticizing defense counsel in the personal injury case "is to be disregarded."

Read More

COA headed to Fort Wayne to hear med-mal appeal

The Indiana Court of Appeals will travel to Fort Wayne this week to hear oral argument in a medical malpractice appeal. Judges Edward Najam, Paul Mathias and Terry Crone will hear Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc., 18A-CT-00049 at 10 a.m. Thursday at the Allen County Courthouse.

Read More

COA affirms award of fees, dismissal of stepmom’s visitation suit

No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.

Read More