Mom loses appeal bid to remove judge in parenting time dispute
An Allen County mother who appealed the denial of her motion for a change of judge in a parenting-time dispute got no relief Wednesday from the Indiana Court of Appeals.
Indiana Court of Appeals
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Divided appeals court reverses work release revocation
A trial court’s flawed analysis of two points of state law led the majority of an Indiana Court of Appeals panel to reverse an order that vacated a Clark County man’s placement in community corrections work release.
Summary judgment reversed for Gary police officer
The Indiana Court of Appeals has reversed summary judgment for a Gary police officer accused of misusing his police privileges to investigate a confidential informant after finding the city’s complaint against the officer was not untimely filed.
COA reverses CHINS petitions after untimely factfinding hearing
The Tipton Circuit Court must dismiss children in need of services petitions filed for two local children after it failed to hold a related factfinding hearing within the statutory time limit, the Indiana Court of Appeals ruled Tuesday.
Munster church must face wrongful death suit, appeals court affirms
A Munster church failed to persuade the Indiana Court of Appeals that a wrongful death lawsuit against the church, brought after a babysitter died in the home of the church’s pastors, should have been dismissed.
Indiana Court Decisions — March 29-April 11, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Justices to hear appeal over trains blocking road crossings
The Indiana Supreme Court will decide whether state or federal law controls how long trains may block road crossings. The Court of Appeals reversed the trial court, ruling that federal law does not preempt state laws that forbid trains from blocking crossings for more than 10 minutes.
Justices won’t hear commercial court constitutionality challenge
The Indiana Supreme Court on Friday rejected an appeal that challenged the constitutionality of the state’s commercial court dockets in a case that permitted enforcement of a noncompete agreement against a glass company worker.
COA to hear argument on IU’s Richmond campus
The Indiana Court of Appeals will head East next week to hear oral argument on an Indiana University campus.
Supreme Court allows legal malpractice claim to continue
A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff’s premises liability claim would have succeeded had the firm not failed to timely file her complaint.
Signature waived right to jury trial, COA affirms
A Clay County defendant waived her Sixth Amendment right to a jury trial when she signed a form acknowledging the deadline to demand a jury, then missed that deadline, the Indiana Court of Appeals ruled in an opinion upholding the denial of the defendant’s untimely jury trial demand.
COA: Gun admissible under inevitable discovery rule
A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.
COA rejects missing witnesses argument in murder appeal
A man convicted in a Marion County drug-related murder has lost his appeal of his conviction after the Indiana Court of Appeals determined the trial judge was not required to admonish the jury about the absence of two witnesses without a request from the parties.
JNC to interview 12 for COA seat
Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.
Divided COA finds evidence of prior bad acts harmless
A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.
COA orders withdrawal of guilty plea made without counsel
The Franklin Circuit Court must withdraw a first-time felon’s pleas to two drug counts after erroneously finding the man knowingly, voluntarily and intelligently waived his right to counsel, the Indiana Court of Appeals ruled Wednesday.
Lake County tax case dismissed for lack of subject matter jurisdiction
A northern Indiana trial court must dismiss a case it originally transferred to the Indiana Tax Court, the Indiana Court of Appeals ruled Monday after finding insufficient evidence to prove the tax court’s jurisdiction.
Indiana appellate court upholds CHINS adjudication for New Jersey boy
The Indiana Court of Appeals has upheld the adjudication of a New Jersey child as a child in need of services after finding the child’s mother waived her argument that an Indiana trial court lacked personal jurisdiction over her and her child.
COA upholds admission of fingerprint evidence in delinquency case
A Marion County teen will retain his delinquent adjudications for felony theft and robbery after the Indiana Court of Appeals determined the trial court properly admitted fingerprint evidence tying the teen to the crimes in question.
COA reversal reinstates Jackson County foreclosure
A Jackson County foreclosure case was reinstated Friday after the Indiana Court of Appeals reversed the trial court, determining the mortgagee established a security interest in the property in question.