COA: Order to enforce settlement doesn’t provide for interest
A man who received $18,000 to settle a judgment lien dispute is not entitled to interest, the Court of Appeals of Indiana has affirmed.
Indiana Court of Appeals
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In Molter’s 1st opinion, Supreme Court reverses manslaughter conviction after voir dire error
The Indiana Supreme Court reversed an involuntary manslaughter conviction Wednesday and ordered a new trial after finding the trial court erred by not allowing defense counsel to directly voir dire prospective jurors.
Indiana Court Decisions: Jan. 12-25, 2023
Read Indiana appellate court decisions for the most recent reporting period.
Homeowner denied emotional distress damages for economic loss caused by fireworks
A Johnson County homeowner whose garage ignited after a firework hit her property in the middle of the night will not receive any damages for negligent infliction of emotional distress caused by the accident.
COA grants new post-conviction hearing after clerk error
The Court of Appeals of Indiana reversed the denial of a post-conviction relief petition on Tuesday, ordering a new hearing after subpoenas weren’t issued to two attorneys who had worked on the appellant’s case.
COA upholds stalking conviction, sentence
A man who stalked his high school crush for years despite repeated warnings has failed to convince the Court of Appeals to overturn his felony conviction or two-year sentence.
Default judgment upheld in Steuben Co. property dispute
A group of Steuben County residents seeking to overturn default judgment in a lakefront property dispute failed in their bid to convince the Court of Appeals to allow them to intervene or to order the trial court to set aside the default judgment.
Indiana justices won’t hear 2nd abortion case for now
Indiana’s high court said it will not immediately consider a challenge to the state’s abortion ban that is based on the argument that the law violates some people’s religious freedoms, leaving that decision to the Court of Appeals of Indiana, at least for now.
Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms
Neither the trust that owns a ramshackle house nor the man living on the property fixing it up will be awarded attorney fees after the Court of Appeals of Indiana affirmed Marion Superior Court rulings that placed blame on both sides.
Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute
The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.
COA: Mother didn’t abandon child, consent needed for adoption
A northern Indiana mother has won a reversal on an adoption petition granted to her child’s stepmother after the Court of Appeals of Indiana concluded she did not abandon her child and her consent was required for the adoption.
Former Brown Co. ice cream shop employee loses burglary appeal
A former employee of the Chocolate Moose in Nashville argued the trial court abused its discretion when it denied his motion to withdraw his guilty pleas and ordered him to pay more than $6,000 in restitution. The Court of Appeals of Indiana disagreed.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.
COA: Indictment against Lake Co. sheriff can proceed
The Court of Appeals of Indiana ruled an indictment against a northwest Indiana sheriff for felony resisting law enforcement and misdemeanor reckless driving can proceed.
COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
Ex-high school basketball coach convicted of child seduction loses federal appeal
A disgraced high school basketball coach convicted of seducing one of his players has failed in his bid for relief from the federal courts after two appeals at the Court of Appeals of Indiana previously failed.
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Criminal recklessness conviction upheld despite constitutional violations
The Court of Appeals of Indiana affirmed a criminal recklessness conviction Tuesday despite finding that the defendant’s state and constitutional rights were violated.
Judges pro tem appointed, removed after trial judges join COA
The Indiana Supreme Court has appointed one senior judge and released another from judge pro tempore service following the appointment of the two newest judges of the Court of Appeals of Indiana.