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.
Indiana Court of Appeals
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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.
COA reverses IURC’s approval of certain Duke Energy coal-ash cleanup costs
The Indiana Utility Regulatory Commission shouldn’t have approved Duke Energy’s request to recover costs related to a federal environmental mandate for coal-ash cleanup that were incurred before the energy company received approval.
COA reverses child molesting delinquency adjudication for hearsay
A trial court committed fundamental error when it allowed a videotaped interview to be entered into evidence in a delinquency case against a 15-year-old boy, the Court of Appeals of Indiana has ruled.
Division of assets, child support reversed, remanded in Hendricks Co. divorce
The Court of Appeals of Indiana has reversed and remanded a Hendricks Superior Court order on the division of marital assets and a father’s child support obligation to his special needs adult daughter.
COA reverses reckless homicide conviction after distracted driving evidence wrongly excluded
The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.
Reversal: Police can’t charge to ‘inspect’ accident reports
Police departments cannot charge citizens a fee to “inspect,” rather than “obtain,” accident reports, the Court of Appeals of Indiana has ruled, ordering the Evansville police to allow a woman to inspect such a report at no charge.
Indiana Supreme Court denies transfer, admonishes appellant for abusive behavior
The Indiana Supreme Court has denied transfer to a sex offender registration case, issuing a published opinion admonishing the appellant for abusing the appellate system and the clerk’s office staff.
Mom loses bid to expunge DCS records about ‘deplorable’ conditions that led to kids’ removal
A mother whose children were removed and eventually adopted after living in “deplorable” conditions under her care has failed to convince the Court of Appeals of Indiana that the underlying child welfare reports about her should be expunged.
Indiana Court Decisions: Jan. 26-Feb. 8, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Evicted tenant wins reversal for due process violation
A Housing Authority of South Bend tenant was deprived of her right to due process when she was not allowed to present her pro se defense during her eviction hearing, the Court of Appeals of Indiana has ruled.
Appellate court splits in affirming OWI conviction
An Adams County sheriff’s deputy did not violate a motorcyclist’s rights when the deputy charged him with operating a vehicle while intoxicated after stopping him for a different violation, the Court of Appeals of Indiana has ruled.
COA affirms denial of motion to suppress
The Court of Appeals of Indiana has affirmed the denial of a motion to suppress on interlocutory appeal in a drug case stemming from a traffic stop.
COA finds judicial bias, reverses summary judgment after judge declares civil litigation in Indiana is ‘broken’
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.