COA to hear arguments in Columbus
The Indiana Court of Appeals will be traveling south this week to hear oral arguments in Bartholomew County.
Indiana Court of Appeals
Articles
COA affirms authority given to community corrections directors
A state statute allowing community corrections program directors to recommend the revocation of an offender’s placement is not unconstitutional because it does not infringe upon the power of the judicial branch, the Indiana Court of Appeals has ruled in a decision upholding a Vigo County revocation decision.
COA applies amended wage statute retroactively
A man failed to convince the Indiana Court of Appeals that a change in the Wage Payment Statute that occurred during his employment should not be applied retroactively.
COA grants summary judgment to contractors protected by subrogation waiver
An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.
RV-delivery driver rightly qualified for unemployment, COA affirms
A woman who provided “driveaway” services delivering recreational vehicles from manufacturers to dealerships was rightly classified as an employee entitled to unemployment insurance after her job ended, the Indiana Court of Appeals ruled.
COA upholds prohibition on TV broadcast of court audio
The Indiana Court of Appeals has upheld a trial court ruling that prohibited a Fort Wayne TV station from broadcasting audio from a sentencing hearing it obtained through a public records request, finding the trial court’s ruling complied with both local rules and the First Amendment.
Carmel annexation upheld in long-running dispute
Carmel’s annexation of territory in southern Hamilton County that some landowners have been fighting for more than a dozen years was upheld Tuesday by the Indiana Court of Appeals, which previously reversed the trial court’s approval of the annexation.
Ind. Supreme Court to decide if evidence errors mean drug convictions should be tossed
The Indiana Supreme Court has agreed to decide whether errors in the admission of certain evidence during a man’s drug trial warrant reversal of the man’s multiple drug convictions.
Workforce Development entitled to summary judgment on claim against penalties
The Indiana Department of Workforce Development complied with the relevant statutes when issuing a letter informing a citizen of a determination against the agency and, thus, was entitled to summary judgment on the citizen’s claims against the penalties outlined in the letter, the Indiana Court of Appeals has ruled.
Indiana Court Decisions
Read opinions from Indiana’s appellate courts for the most recent reporting period.
COA tosses two convictions against man who drove into gas pumps
A man who intentionally drove a vehicle into gas pumps during an argument with his son will have two of his convictions thrown out after the Indiana Court of Appeals determined those convictions were based on the same evidence as other similar convictions and, thus, violated double jeopardy.
COA: Illinois and Indiana aggravated battery statutes not substantially similar
The Indiana Court of Appeals has reversed a man’s felony conviction of unlawful possession of a firearm by a serious violent felon after determining the Illinois aggravated battery statute used to establish the man as a serious violent felon is not substantially similar to the same statute in Indiana.
HIV-positive man loses appeal of failure to warn conviction
An HIV-positive man who failed to inform his sexual partner of his AIDS diagnosis and consequently transmitted HIV to her has lost the appeal of his conviction of failure to warn after the Indiana Court of Appeals found sufficient evidence to support that conviction on Monday.
COA reinstates suit delayed due to lawyer’s ‘abdication’
Despite an almost two-year span with no action on a car-crash complaint, the Indiana Court of Appeals has ruled the plaintiff may move forward with the suit because the unique facts of the case do not warrant dismissal for failure to prosecute.
COA modifies delinquent adjudication to lesser offense
A teenage boy who threw a rock through a woman’s car window will retain his adjudication as a delinquent child, but the majority of the Indiana Court of Appeals ordered Friday that the evidence requires his adjudication to be based on a lesser offense.
COA tosses some fatal-chase convictions as double jeopardy
A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.
Richmond Hill bombing mastermind’s conspiracy conviction affirmed
A mastermind of the deadly explosion in Indianapolis’ south side Richmond Hill neighborhood in November 2012 has once again lost an appeal of one of his many convictions, with the Indiana Court of Appeals on Thursday upholding his conviction of Class A felony conspiracy to commit murder.
African mom in Indiana loses custody appeal to dad in Mali
An African woman currently living in Indiana must return her children to their father in Africa after the Indiana Court of Appeals found her home country’s custody laws do not violate fundamental human rights, so Indiana courts lack jurisdiction to strike down her African custody order.
Reversal: Facebook post is defamation, merits damages
A southern Indiana woman who lashed out at her late boyfriend’s mother on Facebook must pay the consequences, which the Indiana Court of Appeals said Tuesday include monetary damages.
COA: Churches aren’t school property; sex offenders can attend
Three convicted Boone County sex offenders can return to their church congregations after the Indiana Court of Appeals determined that churches are not considered “school property,” so state statute cannot prohibit the offenders from going to church, even when children are present.