Red Lobster ‘misses the boat’ on negligence appeal, COA affirms
Seafood restaurant group Red Lobster LLC could not net a reversal from the Court of Appeals of Indiana on a ruling denying its motion for summary judgment in a negligence case.
Indiana Court of Appeals
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Indiana Court Decisions: June 15-27, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Parents’ substance abuse issues necessitate CHINS designation for child, COA affirms
A special needs toddler had been endangered by his parents’ methamphetamine use and a trial court correctly adjudicated the boy as a child in need of services, the Court of Appeals of Indiana ruled Friday in affirming the court’s judgment.
Split IN Supreme Court affirms summary judgment for providers sued in manslaughter-mental health case
Guilty pleas have the same preclusive effect as trial verdicts, a split Indiana Supreme Court ruled in affirming a trial court’s decision to enter summary judgment for mental health providers sued by a man who pleaded guilty but mentally ill to voluntary manslaughter.
City lacked standing to sue Franciscan for closing local hospital, COA rules in reversal
The city of Hammond lacked standing to bring a case against Franciscan Alliance for planning to close a hospital, the Court of Appeals of Indiana has ruled in reversing a trial court’s preliminary injunction.
Felix tapped to fill COA vacancy created by Robb retirement
Hamilton Circuit Judge Paul Felix has been named the newest judge of the Court of Appeals of Indiana. Gov. Eric Holcomb made the announcement Thursday in his Statehouse office.
COA vacates sentence for man whose attorneys missed filing deadlines
A man whose trial and appellate attorneys both missed filing deadlines had his misdemeanor conviction vacated by the Court of Appeals of Indiana, which reversed a lower court’s decision to deny the man’s post-conviction relief petition.
IN Supreme Court affirms trial court’s summary judgment to school corporation in wind turbine case
A school corporation’s contract with a company for access to a wind turbine represented an unauthorized investment under Indiana law and was void and unenforceable, the Indiana Supreme Court ruled in affirming a trial court’s granting of summary judgment.
Closed primary system constitutional, doesn’t violate man’s right to vote, COA affirms
Tippecanoe County’s closed primary voting system is constitutional and does not violate a man’s right to vote, the Court of Appeals of Indiana ruled Thursday in affirming a trial court’s granting of summary judgment to the state.
COA affirms decision to fire Madison officer for mishandling evidence, not disclosing relationships
The Court of Appeals of Indiana affirmed the termination of a Madison police officer after a merit board found he didn’t properly log evidence or disclose relationships with women involved in criminal cases.
COA affirms court’s order to award guardianship of juvenile to DOC
A trial court did not abuse its discretion when it ordered a juvenile who violated the terms of his probation to be placed in the Indiana Department of Correction, the Court of Appeals of Indiana affirmed Wednesday.
Father loses challenge to sexual abuse convictions, sentence at COA
A father’s requests for a mistrial or a reduced sentence related to his multiple convictions of sexual abuse against his daughters have failed at the Court of Appeals of Indiana.
IN justices grant transfer to Duke Energy, custody cases, deny transfer to separate Duke case
Indiana justices granted transfer to two cases for the week ending June 23, including one that involves Duke Energy’s nearly $2 billion economic development plan.
Discovery sanction was appropriate due to ‘egregious’ violation, IN justices affirm in child molesting case
An Indiana trial court properly sanctioned the state by excluding a defendant’s statements related to a polygraph that was supposed to be admissible, the Indiana Supreme Court has ruled.
Indiana man can’t be removed from sex offender registry for Kentucky offense, COA affirms
A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
IN justices reinstate 2-year protective order against father in domestic violence case
The Indiana Supreme Court affirmed a two-year protective order Monday for a mother and her child, upholding a trial court’s ruling that the child’s father “represents a credible threat to the safety” of the mother or child.
Sex crimes convictions, 650-year sentence upheld at COA, but dissenting judge points to pre-Wadle double jeopardy rules
The rape-related convictions that led to a man’s 650-year aggregate sentence will stand, as will the sentence itself, a split Court of Appeals of Indiana affirmed Monday in a ruling that included a dissent from one judge on the issue of double jeopardy.
IN Supreme Court: Man should have been allowed to introduce opinion testimony in child molest case, but error was harmless
A unanimous Indiana Supreme Court agreed that a trial court erred in not admitting testimony about the character of a man’s daughter in a child molestation case. However, justices also ruled the error was harmless.
COA increases damages, reverses against tenant in breach-of-lease dispute
A landlord-tenant dispute between college friends was resolved in favor of the landlord at the Court of Appeals of Indiana, though a dissenting judge would hold that it was the landlord, not the tenant, who breached the lease.
Widow fails in bid to include bank account, real estate in husband’s estate
A widow trying to include her husband’s bank account and real estate in his estate despite the property being bequeathed to their son failed to find relief from the denial of her petition at the Court of Appeals of Indiana.