Engineer who claimed city defamed his firm loses on appeal
An engineer who claimed Lawrenceburg officials defamed him and his company by alleging overcharges for shoddy work got no help from the Indiana Court of Appeals Tuesday.
Indiana Court of Appeals
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COA: 4-year delay in trial did not violate speedy trial rights
The Indiana Court of Appeals has affirmed an Anderson man’s arson conviction after finding his actions contributed to a four-year delay in his trial, so his right to a speedy trial was not violated.
No error in allowing amendment to charging information, appellate court rules
The Allen Superior Court did not err when it allowed the state to amend charging information 17 months after the omnibus date in a Fort Wayne trial because the defendant was not prejudiced by the untimely amendment, the Indiana Court of Appeals ruled Thursday.
COA affirms admission of marijuana found in warrantless search
A northern Indiana trial court did not abuse its discretion in admitting as evidence marijuana found pursuant to a warrantless search because the defendant in the case validly consented to the search, the Indiana Court of Appeals has ruled.
Appellate court orders state to return $30,000 in seized currency
The state of Indiana must return $30,000 that was seized as part of a suspected drug trafficking scheme after the Indiana Court of Appeals ruled Wednesday the state failed to prove the money could reasonably be considered the proceeds of drug trafficking.
COA judge cites to Kenny Rogers in voided tax sale case
A judgment for owners of a property wrongly redeemed after a tax sale was affirmed in part by the Indiana Court of Appeals Wednesday, with Judge Terry Crone appropriating a Kenny Rogers classic to introduce a 31-page decision that reduced the attorney fees and other relief to which owners were entitled.
COA: Attack on wrestling event attendee was unforeseeable
A woman who was injured in an attack while walking from a Bartholomew County wrestling event to her car cannot succeed on her negligence claim against the wrestling company because the attack was not foreseeable, so the company did not owe a duty to her, the Indiana Court of Appeals has ruled.
Appeal of legal fees in frivolous case results in more fees
A father who appealed an award of attorney fees in a long-running dispute over the use of funds in a family limited partnership now must pay appellate legal fees as well, the Indiana Court of Appeals ruled. The court found the appeal “merely another attempt to harass the parties involved.”
COA approves permit for Traders Point-area gas station
An Indianapolis property developer can move forward with his plans to build a gas station and convenience story in the city after the Indiana Court of Appeals ruled Friday the developer was properly awarded a permit for his building project.
Probation revocation affirmed for man convicted of raping 92-year-old woman
An Indiana trial court was not required to hold a competency hearing before revoking a man’s probation on a rape conviction because the man did not request such a hearing and did not prove that his mental illness was so severe as to relieve him of criminal responsibility for violating his probation, the Indiana Court of Appeals ruled Thursday.
Felony syringe conviction reversed for lack of evidence
An Indiana’s man felony syringe conviction has been overturned after the Indiana Court of Appeals determined the evidence was insufficient to prove the man was in possession of the syringe for an unlawful purpose.
Trial court, not Tax Court, to hear case involving both annexation, tax law
An Indiana trial court has jurisdiction to hear a dispute between Allen County fire departments that is grounded in both annexation and tax law as the facts of the case do not require the interpretation of “substantive tax law,” the Indiana Court of Appeals has ruled.
COA: Transgender individuals don’t have to publish intent to change gender marker
Transgender individuals in Indiana seeking to change their gender markers on their birth certificates are not required under Indiana law to publish notice of their intent to change, as there is currently no statutory authority requiring such notice, the Indiana Court of Appeals ruled Thursday.
Delinquent adjudication partially reversed for student who planned to attack school
A high school student who was adjudicated as a delinquent after he sent Facebook messages about a plan to attack his school had one of his adjudications reversed after a divided Indiana Court of Appeals found insufficient evidence for a true finding of attempted aggravated battery.
Challenged statements protected by absolute privilege, COA affirms
The Indiana Court of Appeals has affirmed partial summary judgment for an Indianapolis law firm in a defamation case, finding the challenged statements made by the firm were protected by absolute privilege.
COA reverses dismissal of PCR petition
An Indiana man will get a second chance at post-conviction relief after the Indiana Court of Appeals determined Wednesday that his petition for relief was erroneously dismissed as an improper successive petition.
COA affirms finding injured employee had a change of condition
The Indiana Worker’s Compensation Board did not err when it ruled in favor of an injured employee of an Evansville media company, the Indiana Court of Appeals decided Wednesday, as the medical opinion offered by the employee was not contrary to a settlement agreement.
Alleged victim of child molesting won’t testify in abuser’s presence
An 8-year-old girl who is alleged to be the victim of sexual abuse will not have to testify in the presence of her alleged abuser after the Indiana Court of Appeals determined the trial court erred in denying motions to allow the victim to testify via closed circuit television.
COA: No request for jury waived that right at misdemeanor trial
The Indiana Court of Appeals has affirmed a man’s conviction of operating a vehicle while intoxicated after finding that his failure to request a jury trial for his misdemeanor charge constituted a waiver of his right to a jury.
Man whose conviction in killing was overturned gets 75 years
A central Indiana man whose conviction in his girlfriend’s killing was overturned has been sentenced to 75 years in prison after being convicted again in her slaying.