COA upholds classification of ‘high-hazard dam’
A Grant County couple must inspect and repair their self-constructed dam after the Indiana Court of Appeals upheld a Department of Natural Resources classification of the dam as “high-hazard.”
Indiana Court of Appeals
Articles
COA upholds Kentucky man’s conviction for killing Indiana teen
A Kentucky man convicted in the shooting death of an Indiana teen lost his appeal of his murder conviction after the Indiana Court of Appeals found sufficient, properly obtained evidence to support his conviction.
Conviction upheld against man who disrupted prosecutor’s office
A man who was convicted of trespassing after he refused to leave the Clay County Prosecutor’s Office until his traffic tickets were dismissed lost an appeal Tuesday.
Supreme Court upholds DOC’s lethal injection protocols
The Indiana Department of Correction can alter its lethal injection protocols without going through a rule-making process because such protocols are internal procedures without the effect of law, the Indiana Supreme Court ruled in a decision affirming the dismissal of a death row inmate’s challenge to Indiana’s lethal injection cocktail.
Sex offender statute to come before Supreme Court
A sex offender convicted in 2010 must make his case to the Indiana Supreme Court as to why a 2015 law should not bar him from attending his son’s school events after the high court granted the state’s petition to transfer the case last week.
COA: Burglary victim met definition of ‘unavailable’ at trial
Multiple felony burglary convictions have been upheld against a Tippecanoe County man after the Indiana Court of Appeals found the trial court did not err in admitting a victim’s video deposition as evidence during trial.
COA upholds denial of motion to set aside paternity
A legal father seeking to set aside paternity of his two non-biological children has lost his appeal to the Indiana Court of Appeals, which found the father failed to meet the legal requirements for paternity rescission.
COA reinstates wrongful death case against road contractors
A wrongful death case against a Carroll County contractor and all but one of its subcontractors will continue after the Indiana Court of Appeals found numerous material questions of fact as to whether the companies owed a duty to a man who died while driving through a construction zone in 2013.
COA upholds transfer of dog-shooting case to Warren County
The Tippecanoe Circuit Court properly surrendered jurisdiction of a dog-shooting case because none of the incidents giving rise to the case, including the shooting, took place in Tippecanoe County, the Indiana Court of Appeals ruled Friday.
COA affirms reversal of juvenile firearm adjudication
The Indiana Court of Appeals has upheld its decision to dismiss a firearm-related adjudication against a juvenile after granting the state’s petition for rehearing to address what the court called a fundamental misunderstanding of its original decision.
COA reverses restitution for public transportation, pain and suffering
An Indiana trial court abused its discretion in ordering a man to pay restitution on the costs a woman incurred for having to take public transportation after he criminally damaged her car and the costs of her pain and suffering, the Indiana Court of Appeals has ruled.
Facebook defamation judgment may set precedent, Indiana lawyers say
Southern Indiana attorneys who won defamation damages over a defamatory Facebook post say the court’s monetary award appears to set a precedent as the first reported judgment of its kind in the nation.
Indiana Court Decisions — Jan. 17-31, 2018
Read Indiana appellate court decisions from the latest reporting period.
COA: State can’t demand jury trials in misdemeanor cases
When prosecuting misdemeanor cases, the state does not have the right to demand a trial by jury, the Indiana Court of Appeals ruled in a Tuesday opinion upholding the denial of the state’s request for a jury trial in a misdemeanor case.
COA traveling to Vermillion County
The Indiana Court of Appeals will travel to Vermillion County this week to hear oral arguments in a case challenging a resisting law enforcement conviction.
Probate question to come before Supreme Court
Oral arguments before the Indiana Supreme Court this week will focus on the question of when family members can enter into settlement agreements regarding the distribution of an estate’s assets.
COA grants summary judgment to teacher, school corporation
A Fort Wayne mother’s claims of battery and constitutional violations against her daughter, a first-grader, will not proceed after the Indiana Court of Appeals ruled the teacher and school corporation were entitled to summary judgment on those claims.
COA denies parental privilege defense, upholds father’s battery conviction
The defense of parental privilege did not apply to a man accused of battering his 14-year-old son because the evidence in the case could support a conclusion that the father’s actions were inspired by anger, the Indiana Court of Appeals ruled in a Friday opinion.
COA reverses grant of specialized driving privileges in Noble County
A northern Indiana man whose driving privileges were suspended for life in Noble County must petition the court in that county for specialized driving privileges, the Indiana Court of Appeals has ruled.
COA reverses judgment for Penske dealer, rules for buyer
A Maryland man who sued an Indianapolis auto dealer for fraud successfully overturned the grant of summary judgment in favor of the dealer, with the Indiana Court of Appeals instead ordering summary judgment for the man on Thursday.