Divided COA: Court erred in dismissing charges after 1 year
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.
Indiana Court of Appeals
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Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
COA: Officer’s testimony of speeding alone insufficient for traffic stop
A man who argued his Fourth Amendment rights were violated when he was arrested after a traffic stop prevailed Wednesday before the Indiana Court of Appeals, which reversed a trial court’s denial of his motion to suppress evidence from the stop.
SCOTUS agrees to hear Indiana civil forfeiture challenge
A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.
COA affirms 20-year sentence for robbery in fatal drug deal
A man who set up his childhood friend in a “drug deal gone bad” and was sentenced to 20 years for his conviction of Level 2 felony robbery got no relief Monday from the Indiana Court of Appeals.
COA discourages interlocutory appeals of CHINS status changes
The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”
Insufficient evidence claim rejected on appeal in molestation case
A former Indianapolis pre-kindergarten teacher could not convince a panel of the Indiana Court of Appeals that evidence aside from his confession in his criminal case was insufficient to support his conviction of Level 1 felony child molesting.
COA affirms ruling in mortgage foreclosure case
The Court of Appeals allowed a rehearing in the case of R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva, 01A05-1709-MF-2174 , but affirmed its original decision after the bank contended the defendant made no argument of “claim for abuse of process.”
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.
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.