Indiana Court Decisions
Read opinions from Indiana’s appellate courts for the most recent reporting period.
Indiana Court of Appeals
Articles
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.
Divided COA: Workers’ comp insurance policy data confidential
A split panel of the Indiana Court of Appeals affirmed a trial court ruling that data the state collects on workers’ compensation insurance is confidential, but a dissenting judge called the majority’s decision “an open invitation to erode the transparency of governmental affairs.”
COA reversal: Trial court error would have doubled estate’s obligation
A trial court order in an intergenerational trust dispute was reversed Tuesday by the Indiana Court of Appeals, which held the court clearly erred in a ruling that would have obligated an estate to pay twice the amount it received from a prior trust.
COA: No findings needed to deny teen juvenile court
A 17-year-old convicted in adult court of obstruction of justice and carrying a handgun without a license has lost his appeal of the denial of his motion to transfer his case to juvenile court, with the Indiana Court of Appeals ruling the trial court was not required to enter written findings to support its denial.
Purdue to host COA argument in courtesy car crash case this week
Purdue University will host a traveling oral argument of the Indiana Court of Appeals this week in a case involving who will pay for damages to a car rented from a car dealership while the driver’s vehicle was being repaired.
COA: Plea deals can’t waive right to sentence modification
Offenders who enter into plea agreements cannot waive future sentence modification under the plain language of a reform passed in 2014, the Indiana Court of Appeals held Thursday.
COA: ‘Horrific nature’ of fatal neglect warrants 40-year sentence
A former Gary woman who starved an infant to death in inhabitable living conditions received no relief Wednesday in her appeal and will serve her 40-year sentence.
Court reverses ruling for city, finds for massage parlor landlord
A commercial landlord sued by the city of Indianapolis after his ex-tenant was accused of committing unlawful acts in an unlicensed massage parlor beat city hall Wednesday at the Indiana Court of Appeals.
COA orders new probation violation hearing in pro se case
The Indiana Court of Appeals has ordered a trial court to give a Franklin County man a new fact-finding hearing on the petition to revoke his probation after determining he did not voluntarily, knowingly and intelligently waive his right to counsel at the hearing.
Indiana Court decisions – Sept. 27–Oct. 10, 2017
Read Indiana appellate court opinions from the most recent reporting period.