Supreme Court seeking comments on proposed rule changes
The Indiana Supreme Court Appellate Technology section is soliciting feedback on proposed changes to four areas of Indiana judicial procedure.
Indiana Court of Appeals
Articles
Mother’s consent to adoption not required, appeals court rules
A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.
Double jeopardy cuts sentence in robbery from 60 to 36 years
A trial court improperly applied sentencing enhancements to both of a criminal defendant’s robbery and conspiracy convictions, the Indiana Court of Appeals ruled Friday. The panel found a double-jeopardy violation and reduced the man’s sentence from 60 to 36 years in prison.
COA reverses dismissal of review of uninhabitable property order
A Hammond man’s petition for judicial review of an order to repair or remove an apartment in a building he owns will return to the trial court after the Indiana Court of Appeals ruled the Lake Superior Court erred in dismissing the case.
COA: Credit union did not have property right to flow of traffic on US 31
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.
Appeals court affirms battery, neglect convictions despite errors
The Indiana Court of Appeals has upheld a man’s battery and neglect convictions after finding that any error in the admission of certain testimony and evidence was harmless due because the properly admitted evidence was sufficient to prove the man’s guilt.
Split COA reverses mother’s contempt finding over parenting time sessions
A mother’s appeal of the order finding her in contempt for not bringing her child to supervised parenting time sessions at a facility drew three opinions from a panel of the Indiana Court of Appeals Friday. The majority agreed to reverse after holding the parenting time order improperly delegated parental authority to the facility.
Appellate court affirms murder conviction in Indianapolis shooting
A man’s felony murder conviction, stemming from a shooting he was involved in when he was 17 years old, will stand after the Indiana Court of Appeals found Thursday the trial court did not err in excluding evidence or in considering testimony.
COA reaffirms denial of summary judgment to landowners in failed real estate deal
After granting a petition for rehearing to address — and ultimately reject — an argument over the contract in a real estate case, the Indiana Court of Appeals reaffirmed Thursday the denial of summary judgment to northern Indiana landowners who misrepresented property to a potential buyer.
Divided COA rules campaign flyer was protected speech
Summary judgment in a political defamation suit has been affirmed after a divided Indiana Court of Appeals decided Wednesday that language included on a campaign flyer is considered protected speech under the Anti-SLAAP statute.
80-year sentence upheld for man convicted of killing IU student
The Indiana Court of Appeals declined to revise the 80-year sentence handed down by a Brown County judge for the murder of an Indiana University student two years ago.
DCS did not have sufficient evidence for CHINS adjudication
The Indiana Department of Child Services failed to present any evidence that a newborn’s mother did not have stable housing or that her actions seriously endangered her child, the Indiana Court of Appeals ruled Thursday in reversing a child in need of services adjudication.
‘Taken aback’ by Eskenazi’s bid for fees, COA rules for committed man
A divided Indiana Court of Appeals struck a special condition that a man who had been subject to a mental health order of commitment not use alcohol or drugs. The court also criticized the hospital for seeking legal fees in the case from the Marion County Public Defender Agency.
Double sentencing enhancements don’t violate precedent
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
Probation department must reimburse offender’s fees
The Marion County probation department must reimburse an offender’s probation fees after the Indiana Court of Appeals held the trial court erred by allowing the probation department, and not the court, to impose such fees.
Summary judgment affirmed for Conour associate in legal malpractice case
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
Appellate court says paved asphalt can be a ‘deadly weapon’
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
COA remands dispute over attorney fees owed to doctor
A cardiologist who was denied his request for attorney fees totaling $450,000 will get a second chance to make his argument after the Indiana Court of Appeals found the trial court abused its discretion in awarding nearly $423,000 less.
Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
Man who did not knowingly waive representation to get new trial
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.