Judges recognized for service, educational pursuits
Indiana Supreme Court Chief Justice Loretta Rush recently recognized 17 judges for their long-time service or completion of educational programs through the Indiana Judicial Center.
Indiana Court of Appeals
Articles
Judges reject property owner’s interpretation of tax sale statute
The Indiana Court of Appeals affirmed that the purchaser of property in a tax sale substantially complied with the statutory requirement that the owner of record is notified about the buyer’s intent to petition for a tax deed.
COA affirms seizure of gun from apartment without search warrant
The Indiana Court of Appeals has affirmed a man’s misdemeanor handgun charge after finding the police did not need a search warrant to retrieve the gun after the man placed it inside an apartment in view of the officers.
COA: Bank should be allowed to intervene in foreclosure matter
The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.
COA: Gas station did not commit spoliation regarding mat
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
Majority reverses termination of incarcerated father’s parental rights
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
Court reverses $1,660 attorney fee award in parenting time action
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
Daughter’s cheating negates father’s obligation to pay for college
Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.
Indiana responds to convicted ex-officer’s appeal
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
Split COA reverses denial of post-conviction relief
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
Court of Appeals to hear arguments at IU Maurer
Indiana University Maurer School of Law will host an oral argument of the Indiana Court of Appeals Wednesday at the school’s moot court.
Pharmacist’s snooping is a prescription for trouble
Walgreen’s appeal of $1.8M judgment in favor of customer raises patient privacy issues.
State appeals ruling invalidating Marion County judicial election law
The state is appealing a federal judge’s ruling this month declaring Marion County’s Superior judicial election statute unconstitutional.
Judges affirm denial of child molester’s PCR petition
The Indiana Court of Appeals decided Wednesday that it did have jurisdiction to hear a prisoner’s petition for post-conviction relief that was filed 31 days after the trial court denied him relief. But the man was unsuccessful before the appellate court.
Appeals court revives inverse condemnation claim
A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.
Judges uphold convictions for death of child at unlicensed home daycare
The state presented sufficient evidence that a Hamilton County woman operated a child care home under the law, the Indiana Court of Appeals held Thursday in affirming her convictions related to a death of a child while in her care.
Evidence doesn’t show existence of family housing complex at time of crime
The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.
Mother loses custody after COA rules trial court had jurisdiction
A mother’s argument that the trial court did not have jurisdiction to grant full custody of her daughter to the girl’s father did not convince the Indiana Court of Appeals, which found an agreement between the parents gave the court jurisdiction.
Accomplice in jewelry store robbery loses sentence appeal
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
Officer’s meth-exposure claims untangled by appeals court
The Indiana Court of Appeals rules an injured city policeman must exhaust workers’ comp remedies before turning to the injured-on-duty statute.