Man knowingly waived right to jury trial on all charges
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
Indiana Court of Appeals
Articles
COA: Court should hear petition involving pet daycare
The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.
Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
COA affirms order allowing grandparent visitation with deceased son’s daughter
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
Statute requires state to pay attorney fees on inmate’s appeal
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
Former IURC chair’s appeal raises questions on official misconduct law
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
FSSA able to terminate 9-year Medicaid provider contract without cause
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
Judgment for investment advisor upheld as breach, wage claim
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
Man who sped through construction zone loses appeal
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
Former JA boss loses defamation appeal naming FedEx, 500 Festival
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
Man has second chance to get OWI charges dropped
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
Court affirms custody modification after mom’s move
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
Judgment for IRS reversed, remanded
A trial court was not the proper forum to grant summary judgment in favor of the Internal Revenue Service in a dispute over a land contract that had been an issue in a prior bankruptcy case, the Indiana Court of Appeals ruled Monday.
COA affirms denial of additional unemployment benefits
A woman whose unemployment benefits stopped after 26 weeks was not improperly denied an extension because she continued to work a part-time job of about four to eight hours a week, the Indiana Court of Appeals ruled.
Contempt affirmed for man suspected of drunken driving
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
Official misconduct statute focus of Hardy appeal
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
COA tackles 2 issues of first impression
The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.
Judges split over ruling in failed adoption case
A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
COA voids custody order in favor of father
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.