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.
Indiana Court of Appeals
Articles
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.
Appellate court partially reverses delinquent gun adjudications
A teenager adjudicated as a delinquent on two handgun-related charges will have one of those adjudications reversed after the Indiana Court of Appeals determined the true findings violated double jeopardy principles.
Ex-trooper Camm’s $30 million lawsuit dismissed
A $30 million lawsuit brought by former Indiana State Police trooper David Camm was dismissed Monday by the U.S. District Court for the Southern District of Indiana in New Albany. Camm was twice convicted, but ultimately found not guilty of the murder of his wife and children in a third trial.
Citing intentional delay, COA tosses med-mal complaint
The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.
First impression: No hearing required on specialized driving privileges
Indiana law does not require trial courts to conduct a hearing on petitions for specialized driving privileges where claims lack merit, an Indiana Court of Appeals panel unanimously ruled Wednesday in deciding a matter of first impression.
Divided COA reverses, remands paternity dispute
A Pike County paternity case involving a child’s legal and biological fathers will continue in trial court after the Indiana Court of Appeals determined the legal father was not entitled to judgment as a matter of law on the biological father’s paternity action.
Centier Bank denied rehearing, cautioned in fraud appeal
A bank that lost its appeal of a trial court judgment against it failed to advance its cause with a petition for the Indiana Court of Appeals to rehear its case. The court cited an intervening Indiana Supreme Court decision in opting to dismiss the bank’s appeal while also cautioning counsel for the tone of the bank’s arguments.
COA reverses denial of PCR petition
A pro se defendant sentenced to 100 years of incarceration can take his case back to the trial court after the Indiana Court of Appeals found his appellate counsel prejudiced him by not raising the issue of whether his waiver of counsel was knowing, intelligent and voluntary.
Bill would limit sex offenders’ access to churches on school property
Serious sex offenders who attend church on a property that also houses an educational institution would be restricted in the amount of time they can spend at that church through a bill that passed an Indiana Senate committee Tuesday.
Supreme Court to hear oral arguments in fatal chase case
The Indiana Supreme Court will decide if a man who led police on a chase that killed a driver and seriously injured two passengers can be convicted on multiple counts of resisting law enforcement after agreeing to hear the Marion County case last week.
Judgment for Morgan County HOA upheld in drainage dispute
An exculpatory clause in the covenants of a Morgan County subdivision protects the local homeowners’ association from a complaint for damages filed by three residents, the Indiana Court of Appeals has ruled. Residents sued the HOA in a dispute over drainage in the Martinsville subdivision.
Divided COA upholds custody change after mom’s stroke
A Marshall County child will now be in her father’s care after the Indiana Court of Appeals determined the impact of her mother’s stroke made a change in custody necessary for the best interests of the child.
Decision upheld in Oklahoma-Indiana custody dispute
An Oklahoma couple seeking custody of a child with ties to both the western state and Indiana have lost their Hoosier appeal, with the Indiana Court of Appeals determining an Indiana trial court properly exercised jurisdiction and awarded custody of the child to his mother.
Deported DACA immigrant loses appeal that divides panel
An immigrant who was deported after a misdemeanor guilty plea cost him his protection under the federal Deferred Action on Childhood Arrivals policy failed to show he was entitled to relief because his lawyer failed to inform him of his risk of deportation, the majority of an Indiana appellate panel found.
COA reverses felony neglect conviction
The Indiana Court of Appeals has reversed a man’s felony neglect conviction after finding there was insufficient evidence to prove the man knew he was placing a dependent in danger by leaving the scene of a car accident.