Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
Indiana Court of Appeals
Articles
Justices find evidence supports intent to commit theft
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
Appeals court finalists list formally sent to Daniels
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
Man’s murder sentence upheld in abduction slaying
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
Drug dealing, possession convictions upheld again
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
COA: Sex offender registration statute not unconstitutional
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
Attempted murder sentence upheld in Martinsville school shooting
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
Appeals court affirms attempted rape conviction
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
COA reverses in favor of FSSA in provider payment dispute
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
Daughter’s emancipation upheld; COA advises on forthcoming child-support changes
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
COA: Indiana hog farmer’s suit against N.C. operation to proceed
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
COA finds court made several errors in sentencing
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
Termination of father’s parental rights upheld on appeal
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.
Appeals court affirms dismissal of suit against Nappanee in near-drowning
The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
Revocation of probation was court error
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
COA holds omission of ‘voluntary’ was not an error
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
COA finalists named
Marion Superior Judge Robert R. Altice Jr., public defender Patricia Caress McMath and Madison Circuit Judge Rudolph R. Pyle III have been chosen as finalists for the Indiana Court of Appeals.
Appeals court upholds motion to correct error, voiding Elkhart tax deed
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
Court rules on inclusion of survivor benefits in child support obligation
The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.
Woman’s claim fails under modified impact and bystander rules
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.