COA: Post-conviction court too speedy in its denial of petition
A post-conviction court which denied a petition even before the state had responded has been ordered by the Indiana Court of Appeals to go back, slow down and do it over.
Indiana Court of Appeals
Articles
COA: Petitioner entitled to tax deed after completing all steps
An entity that bought two properties at a tax sale fulfilled all the requisite steps to acquire ownership of the parcels, the Indiana Court of Appeals ruled, rejecting an appeal from the trust that previously owned the properties.
Involuntary commitment vacated for lack of evidence
An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.
Reversal: Court wrongly required $1.1M bond in estate spat
A trial court wrongly ordered an heir to an estate to post a bond of more than $1.1 million for a claim he submitted as he sought to block the sale of the family farm.
Altice selected to succeed Friedlander on Court of Appeals
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals Friday by Gov. Mike Pence.<
Trial court had discretion in allowing hearsay statements into evidence
A trial court, which excused two young girls from testifying against their abuser at trial and instead allowed their prior statements to be admitted into evidence, did not abuse its discretion, the Indiana Court of Appeals has ruled.
Altice selected to succeed Friedlander on Court of Appeals
Marion Superior Judge Robert R. Altice Jr. has been named to the Indiana Court of Appeals, Gov. Mike Pence announced Friday.
Reversal: Trial court erred in vacating agreed paternity order
A Hendricks County trial court erred by disregarding a mother and father’s agreed paternity order, the Indiana Court of Appeals ruled Thursday, sending the matter back to the trial court. The court affirmed a judgment against father to pay mother’s attorney fees.
City not liable for injury caused by pothole
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
Bungled recording does not violate constitutional rights
An Anderson man’s argument that his due process rights were violated by law enforcement’s failure to record the audio from two interviews with his daughters did not convince the Indiana Court of Appeals.
Fort Wayne hospital loses Medicaid payment appeal
Parkview Hospital in Fort Wayne was not wrongly denied $27 million in Medicaid payments it sought from the state when it failed to properly and timely document the claims, the Indiana Court of Appeals affirmed Tuesday.
COA affirms judgment against Hammond in towns’ sewer suit
Hammond’s sanitary district had no statutory authority to cancel wastewater treatment contracts with the neighboring Lake County towns of Griffith, Highland and Whiting, the Indiana Court of Appeals ruled Monday, affirming the trial court in a split opinion.
Searches without suspicion are not unconstitutional, COA affirms
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
Tardy defendant gets a do-over from the COA
A homeowner who arrived at the courthouse nine minutes after a judgment was entered against him will still get to have his day in court.
COA finds lease payments are part of Trust
Siblings trading motions over their deceased father’s estate got multiple denials from the trial court.
COA: Declaratory judgment wrongly denied in malpractice case
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
Indiana law applies to truck fatality, COA rules
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
Lender in foreclosure gets tax refund, COA rules in reversal
A $307,193 property tax refund received by owners of industrial property in Marion County was wrongly awarded to borrowers who had defaulted on a mortgage on the property, the Indiana Court of Appeals ruled Wednesday.
Adoption reversed: Putative father wrongly denied genetic testing
A child born to a married couple who placed the newborn for adoption may have had a different father, and a trial court erred in denying his requests for genetic testing that could have given him standing to contest the adoption, the Court of Appeals ruled Wednesday.
GPS search after fatal crash unconstitutional, COA holds
The warrantless search of a driver’s global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.