Beer distributor foams at Indiana’s alcohol law
Monarch Beverage launches another effort to upend limits on liquor wholesalers.
Indiana Court of Appeals
Articles
Reversal: Host owed duty to guest who died after drinking, fight
The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
Majority: Sex offender registration not ex post facto law
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
Speeding ticket tossed because of invalid Carmel ordinance
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
Daughter’s emancipation leads to reduction in child support
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
Court divided over drug sentence
The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.
Lawyer loses fee appeal against defunct Stewart & Irwin
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
Woman sentenced to 215 years for crash deaths loses PCR appeal
A woman who drove the wrong way on State Road 67 near Martinsville and collided with a minivan killing a man and six children in 2000 lost her post-conviction relief appeal Thursday.
Court: It’s risky to take justice into your own hands
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
Circuit court without jurisdiction to grant father’s child support relief
Madison Circuit Court 5 did not have jurisdiction to rule on a man’s motion for relief from a child support decision entered by Madison Circuit Court 2, the Indiana Court of Appeals concluded Thursday.
Company owner personally liable for unpaid phone book ads
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
Company not entitled to relief from mortgage foreclosure judgment
An Indiana trial court incorrectly ruled a company was entitled to relief under Indiana Trial Rule 60(B)(6) after deciding a mortgage foreclosure action was void based on who owned interests in the mortgage.
Indiana Tax Court moves to e-filing in January
Beginning Jan. 4, all three of Indiana’s appellate courts will accept electronic filing. Indiana Chief Justice Loretta Rush signed an order Wednesday announcing the Tax Court’s addition to the e-filing project.
Fort Wayne businessman’s statements not defamatory per se
The former chancellor of Indiana University-Purdue University Fort Wayne who filed lawsuits after he was required to retire at the age of 65 could not convince the Indiana Court of Appeals that statements in a private letter about him constituted defamation per se.
Court erred in dividing husband’s accounts
The Indiana Court of Appeals agreed with a man that a dissolution court’s valuation and division of his pension and deferred tax savings plan was incorrectly calculated, but rejected his other claims stemming from his divorce.
COA upholds vehicle search despite noncompliance with protocol
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
DNA evidence properly excluded in rape trial
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
Woman breached settlement in trail construction dispute
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
Erroneous jury instruction leads to DWI conviction reversal
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
Erroneous jury instruction leads to DWI conviction reversal
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.