Claims for old debt are forever barred
A dissolved corporation that did not object sooner cannot now demand payment on an old debt, the Indiana Court of Appeals has ruled.
Indiana Court of Appeals
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Altice sworn in as Court of Appeals judge
Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement.
Adoption affirmed due to biological dad’s lack of communication
A child’s biological father with a long history of incarceration for crimes including burglary and forgery lost an appeal of the child’s stepfather’s adoption petition.
CHINS ruling splits Court of Appeals
A split Indiana Court of Appeals reversed a Child in Need of Services adjudication, ruling the child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
Lack of evidence gets criminal confinement conviction dropped
A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
Admitting evidence of ‘signature’ crime was harmless error
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
COA affirms on rehearing ruling against revenue department
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
COA ceremonies set for Friedlander and Altice
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
COA splits over railroad benefits in divorce case
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
Father who moved before divorce retains custody
The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.
COA upholds human trafficking conviction
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.
Doctor who appealed attorney fees award now owes more
A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.
Rehearing upholds drug conviction resulting from traffic stop
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
Identification of defendant via phone calls and texts upheld by COA
A Grant County man argued threatening phone calls could not be linked to him, but he was unable to overcome the testimony by people who knew the sound of his voice.
Jailhouse calls to girlfriend urging sex with son properly admitted
A jailed man’s 15 phone calls with his girlfriend urging her to have sex with her learning-disabled son to show he wasn’t gay were properly admitted as evidence that led to his conviction of conspiracy to commit child molesting.
Court of Appeals affirms man’s domestic battery conviction
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
Mom loses appeal against Planned Parenthood
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
Fired Polaris technician wins reversal at 7th Circuit
A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.
Agreement means what it says, COA rules
While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.
Molestation charge dropped against committed incompetent defendant
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.