Indy to test state law in nuisance enforcement effort
Mayor Joe Hogsett’s administration is seeking a stronger approach to force property and business owners to discourage behavior that compromises public safety.
Indiana Court of Appeals
Articles
COA reverses man’s convictions due to warrantless search/seizure of evidence
The Court of Appeals of Indiana reversed a man’s drug-related convictions Friday after finding officers violated his Fourth Amendment rights when searching for and seizing evidence from his backyard without a warrant.
Database readout wasn’t hearsay, administrative violation, COA affirms
A database readout that was admitted in lieu of a missing breath-test ticket was not hearsay, nor was it a violation of the Indiana Administrative Code, the Court of Appeals of Indiana has ruled in a decision that drew a word of “caution” from the panel.
COA dismisses company’s appeal in default judgment case, finding it wasn’t a party of record
A debt purchasing company was not substituted as the party of record or determined to be the plaintiff that owned a default judgment of $1,010 against an Ohio resident, the Court of Appeals of Indiana ruled Thursday in dismissing the appeal.
COA to hear oral arguments in insurance, blasting damage cases
The Court of Appeals of Indiana will hear oral arguments this week and next in cases involving a company seeking a determination of rights under policies sold by various insurers and a dispute over blasting procedure at a quarry that went wrong.
COA affirms court doesn’t need to revisit suppression issue for man who lodged ‘standing objection’ to ‘literally anything’
A man who objected to “literally anything” stemming from a warrantless search of his home didn’t argue the evidence presented at trial conflicted with evidence presented at a suppression hearing, so the trial court didn’t need to revisit the issue.
Justices find consumer lacked standing to pursue counterclaim, but concurrence expresses concern about federal standing doctrine
The Indiana Supreme Court has ordered a trial court to dismiss a consumer’s counterclaim to a breach-of-contract suit brought by a contractor, finding the consumer did not prove he was actually injured by the contractor’s allegedly deceptive acts.
COA: 2022 permitless carry law not remedial, retroactive
A man who attempted to use Indiana’s 2022 permitless carry law to defeat his carrying-without-a-license conviction failed to find relief at the Court of Appeals of Indiana, which agreed with the trial court that the 2022 law is not remedial or retroactive.
Indiana Court Decisions: June 28-July 12, 2023
Read Indiana appellate court decisions from the most recent reporting period.
‘A real judicial leader’: Judge Felix goes to COA with high praise, lofty goals
There was a moment during Judge Paul Felix’s remarks, after he was announced as the next Court of Appeals of Indiana judge, where he took a break from talking about the legal profession and thanking the various colleagues who’d helped him.
COA reverses, remands denial of summary judgment for bank in Martin Co. foreclosure dispute
A bank’s motion for summary judgment in a foreclosure action involving a Martin County property was erroneously denied, the Court of Appeals of Indiana ruled in a Tuesday reversal.
Jury instruction, exclusion of evidence of alleged racial animus were proper in attempted murder shooting case, COA affirms
A trial court didn’t err or violate a defendant’s Sixth Amendment rights in an attempted murder case when it denied his objection to a jury instruction and his request to cross-examine two people that allegedly used a racial slur in reference to him.
Man whose witness list included President Biden forfeited right to self-representation, COA affirms
A trial court did not err when it found a man charged with stalking and invasion of privacy forfeited his right to self-representation, the Court of Appeals of Indiana affirmed in an interlocutory appeal.
Man who misreported earnings doesn’t qualify for waiver of repayment of unemployment benefits
A man who was overpaid unemployment benefits doesn’t meet the statutory requirements to receive a waiver of repayment, the Court of Appeals of Indiana has ruled in affirming a review board’s decision.
Woman who killed ex by poisoning, strangulation loses appeal of murder conviction, 115-year sentence
A woman found guilty of killing her ex-boyfriend by poisoning his oatmeal and strangling him failed to convince the Court of Appeals of Indiana that her murder conviction should be tossed or that her 100-plus-year sentence is inappropriate.
7th Circuit: Discrepancy between jury instructions, indictment doesn’t change conviction in child sexual exploitation case
A discrepancy between the jury instructions and indictment didn’t warrant overturning a man’s conviction in a child sexual exploitation case, the 7th Circuit Court of Appeals ruled in affirming a district court’s decision.
Property management company wins reversal in bid for interest on attorney fees
A small claims court erred in excluding attorney fees from an award of post-judgment interest, the Court of Appeals of Indiana has ruled.
Jasper Co. farms entitled to damages, but amount must be recalculated, COA rules
A trial court ruled correctly that three Jasper County farms could recover damages from a seed company under promissory estoppel, but the court improperly calculated those damages, the Court of Appeals of Indiana ruled Wednesday.
‘He said, she said’ case accusing doctor of sexual misconduct doesn’t fall under Medical Malpractice Act, COA affirms
A woman’s allegations that her doctor committed sexual misconduct against her did not fall under the Medical Malpractice Act, the Court of Appeals of Indiana affirmed in allowing the case to proceed without going before a medical review panel.
COA affirms dismissal of ‘ill will’ complaint filed after rejection of construction bid
A trial court ruled correctly when it granted the Brown County Board of Commissioners’ motion to dismiss a contractor’s complaint in a case centered around bidding for a hiking trail, the Court of Appeals of Indiana affirmed Friday.