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.
Indiana Court of Appeals
Articles
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.
COA dismisses improperly filed appeal in child placement case
An incarcerated father seeking to modify the placement of his child failed to properly file his appeal and left the Court of Appeals of Indiana without appellate jurisdiction, the court ruled Thursday in dismissing the appeal.
Rokita’s office files new appeal in RFRA-based lawsuit against Indiana abortion ban
The state Attorney General’s Office has filed to appeal a judge’s decision to grant class action certification to a lawsuit that seeks to strike down Indiana’s near-total abortion ban on the basis of the state’s controversial religious freedom law.
Woman paralyzed in crash can’t file 2nd lawsuit against different defendants, IN Supreme Court affirms
An Indiana woman who won a multimillion-dollar verdict against a trucking company for a 2018 accident that left her quadriplegic cannot sue additional defendants for their alleged roles in the same accident, the Indiana Supreme Court ruled Wednesday.
IN Supreme Court dismisses appeal of temporary custody order, finding no appellate jurisdiction
The Indiana Supreme Court has dismissed an appeal in an adoption case, finding no appellate jurisdiction over the issue of temporary custody.
Dog sniff enough to establish probable cause in meth case, COA affirms
A dog sniff that led to a man being convicted of possession of methamphetamine was sufficient to establish probable cause to search his truck, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
‘Epitome of a leader’: Colleagues, friends praise COA Judge Robb into retirement
Court of Appeals of Indiana Judge Margret Robb retired, effective June 16, and has been granted senior status. Robb may be best known as the first elected female chief judge of the Court of Appeals. She was appointed to that role in 2011.
Courts see boost in salaries, tech funding: Civil legal aid also sees boost in funds for coming fiscal year
The state’s multibillion-dollar biennial budget enacted during the 2023 legislative session includes increases all around for the sate’s judiciary, including additional funding for including civil legal aid, salaries and court technology.
Indiana Court Decisions: June 1-14, 2023
Read the latest Indiana appellate court opinions from the most recent reporting period.
Trial court lacked jurisdiction to rule on SSA benefits case, COA affirms in upholding dismissal of complaint
The federal Social Security Act preempts a woman’s state tort claims and a trial court ruled correctly that it lacked subject matter jurisdiction in the case, the Court of Appeals of Indiana affirmed Monday.
Former COA Judge Garrard dies at 91
Former Court of Appeals of Indiana Judge William I. Garrard, 91, died June 2.
Doctor’s affidavit, along with medical records and testimony, precluded summary judgment in negligence case, COA rules in reversal
A doctor’s affidavit, along with medical records and another doctor’s deposition, created a genuine issue of material fact that precluded the entry of summary judgment in favor of a widow in a medical negligence case, the Court of Appeals of Indiana has ruled.