Retiring COA Judge Barnes honored with celebration today
The Indiana Court of Appeals will honor retiring Judge Michael Barnes at a celebration Thursday afternoon, just one day before the judge will step down from the bench.
Indiana Court of Appeals
Articles
Vanderburgh County murderer loses PCR bid
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
COA reopens estate after improper probate closing
The St. Joseph Probate Court must reopen an estate that led to years-long litigation between two siblings after the court failed to follow proper statutory procedure when closing the estate, the Indiana Court of Appeals ruled Wednesday.
Justices vacate transfer of Henry County land dispute
The Indiana Supreme Court has vacated its decision to grant transfer to a case stemming from a Henry County land dispute less than one week after hearing oral argument. The decision lets stand a Court of Appeals ruling reversing the trial court.
Appellate court allows child molest negligence case to proceed against grandmother
A grandmother must face a negligence claim filed by her daughter and her granddaughter after the Indiana Court of Appeals found issues of fact as to whether the grandmother negligently allowed her grandchild to be molested by her husband, who she knew had a previous child molesting conviction.
COA: 25-year delay doesn’t make motion for relief untimely
Despite a 25-year delay between an original summary judgment ruling and the subsequent grant of a motion for relief from that judgment, the Indiana Court of Appeals has upheld a trial court’s finding that the 2015 motion for relief from the 1990 judgment was not untimely.
COA allows negligence case against Steak ‘n Shake to proceed
A negligence case against an Indiana Steak ‘n Shake restaurant will proceed to trial after the Indiana Court of Appeals determined the restaurant owed a duty to protect one of its patrons from a third-party injury, making summary judgment inappropriate.
Indiana Court Decisions — May 10-22, 2018
Read Indiana appellate decisions from the most recent reporting period.
Retiring Barnes reflects on time as prosecutor, judge as 3 COA finalists selected
Court of Appeals Judge Michael Barnes’ career has taken him down multiple paths — including 27 years with the St. Joseph County Prosecutor’s Office, 1½ years with Barnes & Thornburg and 18 years on the bench — and each experience exposed him to new facets of the law.
JNC files report on COA finalists to Holcomb
Indiana Gov. Eric Holcomb now has 60 days to select Indiana’s next Court of Appeals judge after the Indiana Judicial Nominating Commission officially submitted the names of its three finalists on Friday.
COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Trial court ‘clearly erred’ in granting adoption petition
A Hamilton County judge’s ruling that a father’s consent was not required for a stepfather to adopt his child was clearly erroneous, the Indiana Court of Appeals ruled Friday, reversing the adoption.
Appeals court orders further proceedings in lake-use flap
A dispute over shoreline rights between a property owner and the association that controls access to part of Lake Freeman in Carroll County will go back to the trial court after the Indiana Court of Appeals granted the property partial relief.
COA upholds suspension of Gibson County doctor’s license
A Gibson County doctor who violated multiple federal regulations when he impermissibly prescribed prescription narcotics to his girlfriend and other patients has lost his appeal to reinstate his Indiana medical license. The Indiana Court of Appeals found evidence supported his suspension.
Firm can pursue damages in competitor’s recruitment of workers
An Indianapolis-based civil engineering firm will have the opportunity to defend its demand for liquidated damages from three employees who allegedly violated non-recruitment agreements after the Indiana Court of Appeals reversed summary judgment for the firm’s competitor. The court also upheld the denial of summary judgment to the competitor on two additional claims stemming from its alleged impermissible recruitment of employees.
Supreme Court to hear argument in Henry County land dispute
The Indiana Supreme Court will hear argument this week over whether a Henry County redevelopment company can keep land it purchased at a tax sale, despite the county auditor’s claim that a mistaken transfer of the properties invalidated the tax sale.
Appellate court allows Duke to recover damages from ratepayers
Duke Energy Indiana can recover the costs of a damages order from its ratepayers after the Indiana Court of Appeals found sufficient evidence to support the Indiana Utility Regulatory Commission’s approval of that recovery plan.
Negligence suit from bicyclist hit by officer’s car remanded for trial
A negligence case against the town of Chesterton and the Porter County Drug Task Force must proceed to trial after the Indiana Court of Appeals ruled there was a genuine issue of material fact as to whether the plaintiff who brought the case was contributorily negligent in the bicycle-vehicle accident.
Appellate court orders new trial for car crash victim
A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.
Grandmother can’t bring child wrongful death suit, COA rules
A woman who claimed to be her grandson’s de facto custodian failed to convince the Indiana Court of Appeals that she had standing to bring a suit on the child’s behalf after he and his mother perished in an apartment fire.