COA upholds conviction against uncle who molested nephew
The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.
Indiana Court of Appeals
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COA: ‘Not advisable’ to file simultaneous motions to correct error, notices of appeal
The Indiana Court of Appeals has reaffirmed a March decision that overturned summary judgment for a national motor company after granting a petition for rehearing to address the allegedly common practice of parties simultaneously filing motions to correct error and notices of appeal.
COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
Lack of inmate program recommendation no issue on appeal, COA rules
A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.
COA: Claims against employer, attorney made in bad faith
A man’s claims against a temporary employer and the employer’s attorney were properly dismissed, the Indiana Court of Appeals determined Wednesday, upholding a ruling in favor of the defendants.
Gary man facing death in slayings of wife, 2 kids loses PCR bid
A Gary man sentenced to death for killing his wife and two teenage stepchildren has lost his latest attempt to overturn his conviction – a post-conviction relief petition. Lake Superior Judge Samuel Cappas and Magistrate Judge Natalie Bokota determined in a ruling issued Friday that Kevin Isom of Gary failed to establish he had ineffective counsel at his murder trial or during the appeals process.
Indiana Court Decisions — May 23-June 6, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Appeals court hears suit from owner of dog killed by DNR trap
While walking her dogs through Versailles State Park one unseasonably warm afternoon in December 2011, Melodie Liddle heard her 9-year-old beagle, Copper, yelping after becoming caught in a hidden raccoon trap. The Court of Appeals is weighing the state’s liability in the case and whether Liddle’s complaint is time-barred.
Court erred in denying mother visitation with child under guardianship
A Madison County court wrongly refused to hear a mother’s petition for visitation with her child who is subject to a guardianship, the Indiana Court of Appeals ruled Monday.
COA allows construction project to continue in historic district
Construction of a parking lot and retail center in a historic preservation district will continue despite objections from homeowners in the area after the Indiana Court of Appeals upheld a ruling from the Indianapolis Historic Preservation Commission.
Justices decline state’s appeal in I-69 land taking case
A Monroe County property owner whose road access to former State Road 37 is being cut off by its conversion to Interstate 69 will receive a trial on damages after a majority of the Indiana Supreme Court declined to hear the state’s appeal in a condemnation case.
COA to hear argument in Lawrence, Clark counties this week
The Indiana Court of Appeals is headed south this week to hear oral arguments in Clark and Lawrence counties.
Attorney fee denial affirmed in investor’s unsuccessful lawsuit
An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.
Friends, colleagues laugh and cry during Barnes’ retirement ceremony
Two emotions ran high during the retirement ceremony honoring Indiana Court of Appeals Judge Michael Barnes on Thursday: sadness and joy. Judges and lawyers from across the state gathered at the Indiana statehouse Thursday afternoon to pay tribute to Barnes, who will leave the court on Friday.
COA affirms denial of attorney mom’s request to relocate child
A mother who lives in Maryland but whose child lives in Hamilton County has lost her bid to relocate the child to the eastern state, with the Indiana Court of Appeals finding that awarding physical custody to the child’s Indiana father was in the child’s best interests.
COA: Syringe offense not subject to felony enhancement
A felony enhancement against a Clinton County man convicted of possessing a syringe must be dismissed after the Indiana Court of Appeals found the man’s offense is not subject to an enhancement.
Amended rules unveiled for Marion County Small Claims
The proposed amended rules for the Marion County Small Claims Courts have been publicly posted as part of the transition to becoming courts of record beginning July 1. Comments on the proposed rules will be accepted until June 29.
Court reverses NIPSCO industrial user rate increase
The Indiana Utility Regulatory Commission relied on the wrong metrics to calculate a rate increase passed on to large industrial users, the Indiana Court of Appeals ruled Thursday, reversing the rate hike.
COA rejects Proportionality Clause claim, affirms 35-year sentence
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.
Word ‘upon’ leads COA to toss obstructed-windshield conviction
A man’s infraction conviction for violating a windshield-obstruction law was thrown out Thursday by the Indiana Court of Appeals, which held that the plain meaning of the statute meant he couldn’t be convicted despite trash, clothes, food and other items piled from the floor to the ceiling of his vehicle.