Appeals on Wheels putting in the miles with visits to Morgan, Allen counties this week
The Court of Appeals of Indiana is on the road again this week, traveling to two judges’ former turfs.
Indiana Court of Appeals
Articles
COA upholds denial of PCR petition despite error in wording of plea agreement
Despite an error in wording in an attempted sexual misconduct guilty plea, the Court of Appeals of Indiana affirmed that an Indianapolis man was adequately made aware of what he was pleading guilty to and did not receive ineffective assistance of counsel.
Search warrant ‘executed’ at phone’s seizure, not search, COA rules on interlocutory appeal
A search warrant for a defendant’s phone was executed when the phone was seized, meaning a detective did not have to inform the trial court that the allegations underpinning the warrant were recanted before the phone was searched.
COA affirms photo, expert testimony in slip-and-fall case but reverses $4M verdict
A trial court did not abuse its discretion in admitting photographic evidence and expert testimony in a case involving a woman who slipped on ice in a Menards parking lot. But the Court of Appeals reversed a multimillion-dollar verdict.
Appeal from involuntary commitment dismissed as moot
A woman’s appeal of her completed involuntary commitment does not present an exception to mootness, the Court of Appeals of Indiana has ruled in a dismissal.
COA reinstates challenge to trust amendment
A woman’s complaint against an amendment to a family trust was timely and should be reinstated, the Court of Appeals of Indiana ruled Monday.
IN worker’s comp claim for KY employee was untimely, COA affirms
A man who didn’t file his worker’s compensation claim in Indiana until 2½ years after his accident is not entitled to benefits because his claim was not timely, the Court of Appeals of Indiana has affirmed.
COA affirms dismissal of whistleblower suit against former state treasurer, Ice Miller, others
A trial court was correct to dismiss a whistleblower complaint brought against former Indiana Treasurer Kelly Mitchell and the law firm Ice Miller, among others, the Court of Appeals of Indiana has ruled.
Michigan City man’s burglary conviction upheld by COA
The Court of Appeals of Indiana rejected a man’s claims that the state committed “trial by ambush” by allowing testimony and video evidence that showed him taking two cases containing Glock handguns.
COA affirms revocation of probation for failed drug tests, new offenses in Ohio
The Court of Appeals of Indiana has affirmed the revocation of a man’s probation, finding the defendant violated his probation by failing drug tests and committing new offenses in Ohio.
IN Supreme Court denies transfer to 2 gender-marker change cases despite pleas from Rokita, COA
The Indiana Supreme Court will not consider two cases involving transgender children whose parents’ petitions to change their gender markers on their birth certificates were denied.
COA orders defendant’s discharge in OVI case after 13-month delay in blood test results
The state’s 13-month delay in providing blood test results violated a man’s right to a speedy trial, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Inability to travel during pandemic gave man right to rescind Florida rental contract, split COA rules in reversal
An Indiana man prohibited by state order from traveling to a Florida vacation home during the COVID-19 pandemic had a right to rescind his rental contract, a split Court of Appeals of Indiana ruled Wednesday in reversing a small claims court’s decision.
COA finds woman could have identified physician before statute of limitations expired
The Court of Appeals of Indiana reversed a trial court’s decision and remanded the case to grant a doctor’s motion for summary judgment in a suit against him for battery.
Indiana Court Decisions: April 20-May 3, 2023
Read the latest Indiana appellate court decisions from the most recent reporting period.
IN justices grant 3 transfers, deny case involving sheriff indicted for resisting law enforcement
Indiana Supreme Court justices granted transfer to three cases last week, including one involving a patient who sued a hospital network for sharing her diagnosis with the wrong person.
COA Appeals on Wheels headed to Shelbyville next week
The Court of Appeals of Indiana will be traveling to Shelbyville next week as part of its Appeals on Wheels program.
Indiana machine gun law not unconstitutionally vague, COA affirms in appeal from man who altered pistol with ‘switch’ device
Indiana’s machine gun statute is not unconstitutionally vague, the Court of Appeals ruled in affirming a lower court’s decision in a case involving a man who modified his semi-automatic pistol with a “switch” device to make it function as a fully automatic weapon.
COA receives national honor for Appeals on Wheels program
The Court of Appeals of Indiana has been honored with the National Center for State Courts 2023 Sandra Day O’Connor Award for the Advancement of Civics.
Former paramedic not entitled to change of venue in suit over breach of noncompete agreement, COA affirms
A man sued by his former employer for breach of a noncompete agreement is not entitled to a change of venue for the case, the Court of Appeals of Indiana has ruled.