Widow wrongly denied hearing challenging late spouse’s will
A long-married Terre Haute woman who received just a small portion from her husband’s will when he died was wrongly denied her day in court, the Indiana Court of Appeals ruled Wednesday.
Indiana Court of Appeals
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First impression: Court may consider facilitated communication
The Indiana Court of Appeals in an issue of first impression Wednesday affirmed a trial court ruling that allowed a disabled minor to testify in a civil trial using facilitated communication.
Woman who started fight outside bar responsible for victim’s medical bills
A Chicago woman who got kicked out of a bar and instigated a confrontation with a bouncer must pay for the medical bills the man sustained as a result of being attacked by her friends, the Indiana Court of Appeals ruled Tuesday.
Summary judgment affirmed for machine rental company in negligence case
A machine rental company did not owe a duty to train or offer to train a man who later died while using the boom lift on how to use the equipment and, thus, was entitled to summary judgment on a negligence claim brought by his estate, the Indiana Court of Appeals has ruled.
COA: Habitual substance offender enhancement illegal on non-substance-related conviction
A man convicted of attempted residential entry will get a new sentence after the Indiana Court of Appeals determined the trial court erroneously imposed a habitual substance offender enhancement on a non-substance-related conviction.
COA affirms judgment for defense in annuity fraud suit
A woman who claimed sellers of annuities she purchased over the years committed fraud in misrepresenting fees associated with surrendering the investments lost her appeal of judgment in favor of the defense.
COA to hear arguments in Fort Wayne next week
The Indiana Court of Appeals is taking oral arguments on the road next week to hear a case in Allen County.
COA affirms 20-year sentence for man convicted of firearm, drug felonies
The Indiana Court of Appeals has affirmed a 20-year sentence imposed on a man convicted of illegally possessing a firearm and driving children in car while under the influence of various drugs, finding the trial court did not abuse its discretion in considering aggravators and that the sentence is not inappropriate.
Delinquent findings against twins affirmed under ‘new-crime’ rule
Two teenage brothers who each attacked police officers trying to conduct pat-down searches were properly found to be delinquent for their acts under the new-crime exception to the exclusionary rule, the Indiana Court of Appeals ruled Friday.
COA remands landlord-tenant dispute due to ‘informal’ proceedings
After concluding an Indiana trial court conducted a small claims landlord-tenant dispute too informally without considering testimony or evidence, the Indiana Court of Appeals has remanded the case for a “proper” evidentiary hearing.
Appellate court vacates battery conviction on double jeopardy grounds
Although a man’s battery of his ex-wife resulted in injury to two different people, the Indiana Court of Appeals has vacated one of the man’s battery convictions on double jeopardy grounds.
COA considers whether ban on sex offenders attending church violates RFRA
Three Boone County men convicted of serious sex offenses are looking to the Indiana Court of Appeals to determine if they can return to their churches as the court considers whether a ruling that the men cannot attend church when children’s programming is in session violates their rights under the Religious Freedom Restoration Act.
COA: Officer’s stop of car for expired plate ‘reasonable’
An Indianapolis police officer who initiated a traffic stop that led to the arrest of a passenger in the stopped vehicle did not violate the man’s constitutional rights, the Indiana Court of Appeals ruled Thursday, because the officer reasonably believed the vehicle had an expired license plate and registration.
COA reverses summary judgment for aviation company
The Indiana Court of Appeals has reversed summary judgment for a Porter County aviation company after finding issues of fact exist as to whether the company breached its duty of care to a woman injured on its property.
COA affirms life sentence for juvenile offender
After determining that a ban on mandatory life without parole sentences for juvenile offenders does not apply in situations in which the juvenile offender agreed to life without parole as part of a plea agreement, the Indiana Court of Appeals has affirmed a life sentence for one of only four Indiana juveniles ever to receive that sentence.
Summary judgment affirmed for Dearborn County in suit over services for jail project
An Indiana trial court properly granted judgment in favor of Dearborn County on breach of contract and unjust enrichment claims, the Indiana Court of Appeals ruled Wednesday, finding there was no enforceable contract on which to base those claims.
COA affirms summary judgment for Keystone Construction on judicial estoppel grounds
A man who failed in his divorce agreement to claim an ownership interest in the Indianapolis company he worked for is now judicially estopped from asserting that interest in a lawsuit, the Indiana Court of Appeals has ruled.
Convictions, sentence affirmed for father who had sexual relationship with teenage daughter
A Harrison County father convicted of having a sexual relationship with his teenage daughter will remain in prison for the rest of his 111-year sentence after the Indiana Court of Appeals affirmed his 25 convictions and related sentence on Tuesday.
LGBT advocates praise ruling on changing gender marker
A recent Indiana Court of Appeals ruling that determined individuals seeking to legally change the gender markers on their birth certificates don’t have to publish notice of their intent to do so has LGBT rights advocates celebrating what they see as greater legal protection for transgender people.
Delay in search of cellphones gets marijuana charges tossed
Prosecutors holding cellphones for months and then having to ask for a continuance so they could finally search the evidence raised the ire of the Indiana Court of Appeals, which subsequently tossed the charges against two defendants whose trials were delayed more than a year.