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.
Indiana Court of Appeals
Articles
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.
Problems persist as director quits DCS
The departure of Mary Beth Bonaventura as director of the Indiana Department of Child Services surprised several family law attorneys and social service providers. Uniformly, they agreed the former Lake County juvenile judge was a strong advocate for children and brought valuable experience to her tenure. Still, the department has struggled against internal and external challenges.
COA upholds judgment in favor of Delaware County on insurance claim
A Delaware County public defender convicted on multiple drunk driving charges has lost his appeal of the grant of summary judgment in favor of the county after the Indiana Court of Appeals ruled he failed to present evidence that would have required the county to pay for his accident-related medical bills.
Former IU McKinney dean dies at 70
Indiana University Robert H. McKinney School of Law alumna and former dean and professor Susanah M. Mead has died, the school announced Thursday.
Judge orders IBM to post $25M bond in Indiana welfare case
IBM Corp. must post a $25 million bond as it appeals a $78 million judgment in a long-running case that stems from the company’s failed effort to automate much of Indiana’s welfare services.
Appeals court reverses ruling for Anthem in claim denial
Indianapolis-based Anthem Insurance has lost a ruling in its favor after the Indiana Court of Appeals reversed Thursday and determined the insurer should have covered a doctor’s medical expenses incurred during his grace period for late premium payments.
COA reverses termination of parent-child relationship
The Allen Superior Court must revisit a parental rights termination proceeding after the Indiana Court of Appeals determined insufficient evidence and prior appellate precedent failed to support the court’s termination of a father’s parental relationship with his son.
Summary judgment for gastroenterologist affirmed
The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.
COA: Defendants have right to counsel before drug recognition exam
A woman had her conviction overturned after the Indiana Court of Appeals ruled she should have been allowed to consult an attorney before undergoing a drug recognition exam.
COA affirms dismissal of Johnson County public defender suit
A case challenging the constitutionality of Johnson County’s contract-based public defender system will not proceed after the Indiana Court of Appeals on Friday upheld the dismissal of the case against several Johnson County judges, attorneys and commissioners.
COA upholds bar’s partial liability for hit-and-run
The Indiana Court of Appeals on Friday affirmed judgments of liability against a Lake County bar accused of overserving a patron who drove a vehicle that struck another departing customer.
COA lets claims of man who lost eye proceed against toolmaker
A man who lost an eye after a cut-off disc on a pneumatic grinder he was using disintegrated and struck him in the face may proceed with his claims against the toolmaker, the Indiana Court of Appeals ruled.
COA affirms defamation verdict but tosses punitive damages
The Indiana Court of Appeals deconstructed a tangle of lawsuits erupting over allegations of theft of more than $1 million from a home building company and ruled that although the accused was found to have breached his fiduciary duty and wrongly taken money, he was still defamed by his accuser.
COA sends I-69 property-taking dispute to damages trial
A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.
COA rejects murderer’s ineffective counsel arguments
The Indiana Court of Appeals has upheld the denial of a murderer’s post-conviction relief petition, finding neither his trial nor his appellate counsel provided ineffective assistance.
Babysitter’s serious neglect convictions, sentence affirmed
A babysitter convicted of inflicting a life-threatening head injury on an infant in her care lost her appeal of her felony convictions and sentence after the Indiana Court of Appeals determined neither court error nor insufficient evidence warranted reversal.