COA upholds $9 million judgment for man injured in crash
The Indiana Court of Appeals has upheld a $9 million verdict in favor of a man injured in a motorcycle crash after determining a proffered jury instruction on damages was not erroneous.
Indiana Court of Appeals
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Barnes’ retirement from COA caps 40 years of public service
At 70, Judge Michael Barnes could continue to serve on the Indiana Court of Appeals for another five years before facing mandatory retirement. Instead, he’s thinking young. “Age and grandchildren change one’s perspective,” he said.
Supreme Court denies transfer to Richmond Hill defendant
One of the masterminds of the deadly 2012 Richmond Hill home explosion will not appear before the Indiana Supreme Court again after the five justices unanimously denied transfer to his challenge of one of his numerous felony convictions.
Supreme Court to consider sentence modification question
The Indiana Supreme Court will consider a sentence modification question that is also getting attention from the Indiana General Assembly when it hears oral arguments this week.
COA upholds denial of habeas petition for parole revocation
The Indiana Court of Appeals has upheld the denial of an Indiana man’s habeas petition, finding the man was legally considered to be on parole at the time of his subsequent offenses, making his parole revocation appropriate.
Child support dispute remanded for recalculation of incomes
A child support dispute between two Wabash County parents will return to the trial court on remand after the Indiana Court of Appeals found errors in the lower court’s computation of both parties’ incomes.
Mother’s 40-year sentence for molesting son upheld
A Tippecanoe County mother who pleaded guilty to molesting her infant son will serve out her 40-year sentence after the Indiana Supreme Court granted transfer to her case and affirmed her sentence Wednesday.
COA: Doctor’s CHINS testimony falls within hearsay exception
Testimony from a physician which supported the state’s effort to adjudicate six minor siblings as children in need of services was allowed under the hearsay exception, the Indiana Court of Appeals has ruled.
Threats enough for COA to uphold intimidation conviction
The Indiana Court of Appeals has upheld a felony intimidation conviction against a man who threatened to cut his ex-girlfriend’s throat, finding evidence of the man’s subsequent bad acts was admissible.
Despite ‘tenuous’ 36-year charging delay, murder trial proceeds
While the Indiana Court of Appeals found the state’s reasons “tenuous at best” for a 36-year delay in charges against a Lake County man accused of the murder of a Hammond police officer, the appellate court on Wednesday ordered the trial to proceed.
COA reinstates fraud, bad faith suit against State Farm
A fraud suit against State Farm Insurance brought by one of its insured will continue in trial court after the Indiana Court of Appeals ruled Tuesday there were genuine issues of material fact precluding the grant of summary judgment to the insurer.
Child molester’s plea didn’t void right to appeal sentence
A man who pleaded guilty to child molestation was not wrongly denied post-conviction relief, but the trial court erred in ruling that he could not directly appeal his sentence imposed after the plea agreement, the Indiana Court of Appeals ruled Tuesday.
COA affirms escape conviction in home detention case
A person’s home is considered a “place of lawful detention” if the person has been sentenced to home detention, the Indiana Court of Appeals ruled Thursday in a decision that upheld a woman’s felony escape conviction.
Divided COA again allows sentence modification in fixed-sentence agreement
A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.
Divided COA upholds absentee juvenile delinquent adjudications
A divided panel of the Indiana Court of Appeals has upheld additional delinquency adjudications and findings of probation violations against a Lawrence County teen after determining the teen was in procedural default when he failed to appear for his fact-finding hearings. Chief Judge Nancy Vaidik, however, dissented on statutory grounds.
Barnes to retire from Court of Appeals in June
Longtime Indiana Court of Appeals Judge Michael Barnes has announced he will retire from the appellate court bench on June 1.
Sentence modification bill inspired by COA ruling
A recent Indiana Court of Appeals decision that prosecutors say went against longstanding practices in the sentence modification process has sparked a conversation in the Indiana legislature about courts’ discretion to modify sentences stemming from fixed-sentence plea agreements.
High court to hear case of teen who planned ‘Columbine-style’ attack
The Indiana Supreme Court will decide whether a teenager who made violent threats against his school can be adjudicated as a delinquent for both attempted and conspiracy to commit aggravated battery after it hears oral arguments in the Jackson County case this week.
Appellate court affirms battery conviction, probation condition
The Indiana Court of Appeals has upheld a man’s battery conviction and probationary prohibition on possession of a firearm, finding the trial court did not err in the process of hearing testimony and imposing a sentence.
Indiana Court Decisions — Dec. 19, 2017-Jan. 3, 2018
Read Indiana appellate court decisions from the latest reporting period.