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.
Indiana Court of Appeals
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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.
COA: Indiana lacks jurisdiction in trade secrets case
An Alabama-based medical billing company is not subject to Indiana jurisdiction in a trade secrets case because the Indiana plaintiff failed to prove the misappropriation of its trade secrets had a substantial connection to the Hoosier state.
Attempted murder conviction vacated for ineffective counsel
A man’s attempted murder conviction after a Vanderburgh County knife attack will be vacated after a divided Indiana Court of Appeals found his trial counsel erred by failing to object to two jury instructions.
Indiana Court Decisions — March 15-28, 2018
7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]
DTCI: Is the Plaintiff a User or Consumer Under IPLA?
A preliminary inquiry in defending any case brought pursuant to the Indiana Products Liability Act (IPLA) is whether the IPLA even applies to the plaintiff; that is, whether the plaintiff is considered a “user” or “consumer” under the IPLA.
Islamic State references lead court to overturn conviction
Indiana’s Court of Appeals has overturned a man’s battery conviction after finding that a prosecutor committed misconduct by linking him during his trial to the Islamic State terror group.
COA traveling to Vanderburgh, Blackford counties next week
The Indiana Court of Appeals will visit opposite ends of the state next week when it travels to Vanderburgh and Blackford Counties for oral arguments.
COA: Revoke spanking grandfather’s bail agent license
A man convicted of misdemeanor battery after spanking his grandson must give up his bail agent license after a divided panel of the Indiana Court of Appeals determined his conviction was a qualifying offense warranting revocation.
COA upholds admission of syringe into evidence
Lawrence County law enforcement officials were justified in conducting a stop that led to the discovery of a used syringe, thus making it acceptable for the trial court to admit the syringe into evidence, the Indiana Court of Appeals has ruled.