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.
Indiana Court of Appeals
Articles
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.
Appeals court affirms rejection of YouTube defamation claims
The sister-in-law of a Boston woman who disappeared in 1981 and whose body was found buried in Massachusetts nine years later lost a defamation appeal Friday stemming from comments to a YouTube video she posted about the case.
Defendant’s breach of plea agreement allows state to back out
The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.
Judge concerned remonstrators may not have enough time to ask for a stay
The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.
Court must reconsider man’s request for credit time
A trial court mistakenly believed it could not award educational credit time to a man serving his sentence on home detention, so the Indiana Court of Appeals ordered the court to re-evaluate his petition.
Supreme Court tells judges how to deal with prolific, abusive litigants
The Indiana Supreme Court released a per curiam decision Tuesday dismissing the appeal of a man described as a “prolific, abusive litigant” based on the 123 cases he has filed in state court throughout Indiana. In its opinion, the justices also provide guidance to trial courts on how to deal with abusive and vexatious litigation practices.
Court properly denied grandmother visitation rights
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
Court erred in ordering insurer to pay costs of cleanup
A trial court misinterpreted a previous ruling involving an insurance coverage dispute for environmental cleanup costs, and as such, erred when it ordered the insurer to pay costs that were incurred as a result of a settlement, the Indiana Court of Appeals held.
COA split on upholding battery conviction
The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.
Foreclosure notice by newspaper not good enough for COA
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
Judges affirm 95-year sentence for molesting boy
Although the trial court erred in admitting most of the pornographic images possessed by the defendant at his child molestation trial, the admission was a harmless error. As such, the Indiana Court of Appeals affirmed William Remy’s 95-year sentence for five charges related to repeated molestation of a boy.