Termination of drug court placement over missed therapy affirmed
A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.
Indiana Court of Appeals
Articles
Deputy’s lack of certification not an issue in suspension of license
A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.
Court upholds $4.7 million judgment in divorce case, orders hearing on stock interests
In a divorce decree complicated by the husband’s ownership and interest in several construction and development companies, the Indiana Court of Appeals affirmed he must pay his wife more than $4.7 million as an equalization payment, plus any interest accruing after 90 days.
Court affirms escape conviction for home detention violation
The Indiana Court of Appeals Tuesday affirmed a Class D felony escape conviction for an Indianapolis man arrested after he broke his home detention curfew.
COA rules workers’ comp is remedy for temporary employee
A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.
Court affirms judgment in favor of insurer over fire damages
An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.
Court must make findings in denying visitation for imprisoned dad
A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.
Mail not hearsay, COA rules in affirming drug, gun convictions
A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.
Negative drug test, prior accusations don’t change molester’s convictions
The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.
COA affirms man’s speedy trial request not violated
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.
Duke can charge ratepayers for time construction delayed on Edwardsport plant
The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.
Companies can’t recover attorney fees from general contractor
The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.
Journey’s Account Statute applies to proposed medical malpractice complaint
The Indiana Court of Appeals Wednesday affirmed that the Journey’s Account Statute applies to revive a proposed medical malpractice complaint filed on behalf of a woman’s granddaughter as her guardian.
Scholarship at Indiana Tech pays tribute to Abraham Lincoln
Indiana Tech Law School has created the endowed Sara Vaughn Gabbard Scholarship which will award two law students a scholarship for participating in and winning an annual Abraham Lincoln writing competition organized by the school.
COA affirms child should be raised with half-siblings
The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.
Court clarifies attorney fee recovery under Trial Rule 34(C)(3)
The Indiana Court of Appeals Tuesday decided that under Indiana Trial Rule 34(C)(3), refusing to comply with a discovery request solely because the parties can’t agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
Suit alleging unconstitutional school fees fails in COA
A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.
COA: Auditor complied with notice statutes in tax sale
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
Court affirms boy should stay in Indiana with father
Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.
Father’s lack of parenting experience does not support CHINS finding
The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.