Prohibition of e-cigarettes, nicotine products in county jail went too far, COA affirms
An attempt by county commissioners to regulate e-cigarette and nicotine use in the local jail went too far, the Court of Appeals of Indiana has affirmed.
Indiana Court of Appeals
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IN justices vacate, remand trial court’s ruling in Montgomery Co. flooding case
The Indiana Supreme Court has vacated a trial court’s order finding that improvements to a drain caused repeated flooding to a Montgomery County couple’s farmland, ruling the trial court left one question unresolved.
Sprinkler company sued after office leak wins summary judgment from IN Supreme Court
The Indiana Supreme Court has reversed a trial court decision denying U.S. Automatic Sprinkler Corporation’s summary judgment motions in a property damage dispute. The court remanded the case for the entry of summary judgment in favor of the company.
IN justices to consider grandmother’s request to intervene in adoption case in arguments this month
The Indiana Supreme Court will hear oral arguments this month in a case involving a grandmother’s motion to intervene in the adoption of her grandchild.
COA affirms striking of inverse condemnation action after pizza parlor is shut down
The owner of a pizza parlor that was shut down as part of an eminent domain action has failed to convince the Court of Appeals of Indiana that the trial court erred in striking its inverse condemnation counterclaim.
In new brief, plaintiffs urge COA to uphold religious-freedom injunction against abortion ban
While Hoosiers await a ruling from the Indiana Supreme Court on the constitutionality of the state’s near-total abortion ban, plaintiffs in a separate lawsuit challenging the ban are urging the Court of Appeals of Indiana to uphold a second injunction.
COA: Man’s calls, messages to city employees amounted to unprotected ‘true threats’
A man who repeatedly called and messaged Fort Wayne city employees about parking enforcement made true threats not protected by the First Amendment, the Court of Appeals of Indiana has ruled.
‘Welcome to the Court of Appeals’: Judge Kenworthy’s robing ceremony marks Indiana history
Court of Appeals of Indiana Judge Dana Kenworthy’s robing ceremony on Wednesday afternoon was full of laugher and gratitude as she ceremonially took the judicial oath.
COA: Common law duty of good faith doesn’t extend to surety-obligee relationship
The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.
Gillaspie: What Rule 65(D) amendment means for practitioners and courts
A common question among practitioners is whether they may cite memorandum decisions issued by the Court of Appeals of Indiana. The answer to that question is controlled by Appellate Rule 65.
Indiana Court Decisions: Feb. 9-21, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Split justices allow defendant to appeal 70-year sentence despite 16-year delay
A man convicted of multiple felonies more than 20 years ago can pursue an appeal of his 70-year sentence, a split Indiana Supreme Court has ruled. The majority determined that the delay in the appeal was not the defendant’s fault.
Student loan breach of contract ruling affirmed at COA
A student loan recipient sued for breach of contract has failed in her efforts to overturn summary judgment for the loan holder at the Court of Appeals of Indiana.
COA: Father validly gave consent to child’s adoption
A father who signed a form giving his consent to the adoption of his child did not find relief at the Court of Appeals of Indiana in his subsequent challenge to the adoption.
IN Justices to hear property damage, child molesting cases Thursday
The Indiana Supreme Court will hear oral arguments Thursday in cases involving a couple’s negligence lawsuit against the town they live in and a man’s challenge to the exclusion of evidence in his child molesting case.
COA finds no error in dealing controlled substance conviction
The Court of Appeals of Indiana has affirmed a man’s conviction for dealing in a controlled substance resulting in death after finding the trial court didn’t err.
Kenworthy robing ceremony set for Wednesday
The Court of Appeals of Indiana will host a robing ceremony next week for Judge Dana J. Kenworthy, who joined the court in January.
Franciscan Health prevails in challenge to summary judgment after patient files improperly accessed
The Court of Appeals of Indiana has affirmed a Marion Superior Court’s decision to grant summary judgment to Franciscan Health – Indianapolis in a dispute involving the plaintiffs’ medical records.
Owner of defunct Charlestown zoo featured in ‘Tiger King’ loses liability appeal
The owner of a now-defunct southern Indiana roadside zoo featured in Netflix’s “Tiger King” is liable for the funds he misappropriated from the zoo’s underlying nonprofit, the Court of Appeals of Indiana has affirmed.
COA: Dog sniff, car search did not violate woman’s constitutional rights, suppression not required
A Shelbyville police officer did not violate a woman’s federal or state constitutional rights in a traffic stop that led to her being charged with dealing in methamphetamine, the Court of Appeals of Indiana has ruled.