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.
Indiana Court of Appeals
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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.
Murder conviction affirmed after judge recusal appeal
A man who murdered a friend and shot and wounded another lost his appeal that argued the jurist who rejected his guilty plea then presided over his murder trial wrongly denied a motion for a new judge.
COA: Purported grandfather couldn’t bring paternity action
An Indiana trial court erred in ordering parties in a paternity dispute to abide by the terms of a mediation agreement because the man who initially brought the paternity action did not have standing to do so, the Indiana Court of Appeals ruled.
‘Quasi-emancipation’ presents matter of first impression for COA
Although the Indiana Court of Appeals sympathized with a trial court’s effort to reduce the stress on two brothers caused by their feuding divorced parents, the appellate panel still found the lower court overstepped its authority.
COA: Judge belittled, disparaged tenant in $38 rent spat
A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.
Despite concerns, appeals court upholds finding claims against stepbrother barred
Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.
Statute of limitations squashes lawsuit against Vanderburgh County officials
A motorcyclist who sought damages for injuries he sustained while being detained in the Vanderburgh County Jail lost his appeal of his lawsuit, which the trial court tossed for not giving notice of the lawsuit before the statute of limitations expired.
COA rejects commercial court challenge, rules against worker
While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.
COA: Man cannot challenge ‘sexually violent predator’ designation
A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.
COA withdraws footnote, reaffirms order for state to return seized currency
The Indiana Court of Appeals has reaffirmed its decision ordering the state to return $30,000 in seized currency after granting rehearing Friday for the limited purpose of withdrawing a footnote.