Conviction affirmed despite Spanish jury waiver form omissions
A Spanish-speaking litigant failed to persuade an appeals court Monday that omissions on a jury trial waiver form merit reversal of his rape conviction.
Indiana Court of Appeals
Articles
Ex-husband may argue contempt in seeking arrearage
An ex-husband who a trial court determined is owed $76,173 from his wife’s teacher retirement benefits was wrongly denied an opportunity to argue the arrearage can be pursued through contempt, the Indiana Court of Appeals ruled Monday.
Split decision: Bicyclist killed by driver can’t sue insurer
A bicyclist killed by an unlicensed motorist who took her boyfriend’s truck without his permission may not seek damages against the company that insured the truck’s owner, the Indiana Court of Appeals ruled Friday.
Marshal’s wage suit against town fails on appeal
A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.
Rape victim’s work as prostitute does not excuse assault, COA rules
A felon’s attempt to get his rape conviction overturned because his victim was a prostitute drew a sharp rebuke from the Indiana Court of Appeals.
Altice robing ceremony set for Monday
Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.
Attorney fees award was reasonable, COA rules
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.
Double jeopardy voids two cocaine convictions
A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.
Facebook message, other evidence proper in molester’s trial
Evidence including a Facebook message sent to a 15-year-old girl was properly admitted in the trial of a man convicted of sexually abusing her at knifepoint, the Indiana Court of Appeals ruled Tuesday.
Widow not entitled to attorney fees in wrongful death case
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
COA affirms child support, debt division orders
The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage.
Judges to join students in Constitution Day celebration
Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.
Pool appeal sinks Carmel homeowner deeper underwater
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
Snarky former prosecutor no match for plan commission
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
COA upholds guest statute in auto injury case
An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.
COA reiterates Indiana has no private right of action in child abuse cases
Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.
Shoddy documents draws COA ire
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
Teenager loses privacy argument with mom
A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.
Child interviewer’s vouching testimony reverses molest convictions
A man convicted of three counts of Class A felony child molesting must be retried because the trial court erred by admitting testimony from a forensic interviewer who said there was no evidence the alleged victims had been coached.
COA resurrects lawsuit against Ford Motor Co.
Although an expert did run additional tests after the discovery deadline, the Indiana Court of Appeals found the wholesale exclusion of his testimony was too severe and is allowing a lawsuit against Ford Motor Co. to continue.