Construction of fence is actionable tort
The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.
Indiana Court of Appeals
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Appellate court rules on insurance coverage case
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
Appellate court cites claim-splitting, res judicata in rejecting appeal
In a life insurance case that has spanned eight years, the Indiana Court of Appeals has ruled that an appeal from a widow is without merit.
Confidential informant testimony did not hinder defense
A man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified at trial anonymously, the Indiana Court of Appeals ruled.
COA finds no error in juvenile adjudication
The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.
Junior Achievement case swells with defendants
Seventeen parties have been named in ex-CEO Jeffrey Miller's defamation suit.
Photos admissible when evidence has been destroyed
In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.
COA sides with appellant in probation violation complaint
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
Jasper County high school students to observe Court of Appeals oral argument
The Indiana Court of Appeals will hear arguments in Paul K. Ogden v. Robertson et. al. at 2 p.m. EST Dec. 6 at Rensselaer Central High School, 1106 E. Grace St.
Appellate court upholds criminal recklessness conviction
The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.
Technical issues interrupt COA webcasts
The Indiana Court of Appeals will not have any webcast videos, and potentially no audio, for at least several days, the court announced Wednesday.
Judges find ex post facto claim waived
The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.
COA addresses impact of guilty pleas on immigration status
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
Appellate judges travel to Indianapolis high school
The Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North High School in Indianapolis.
COA delves into grammar in reversing trial court
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
Holiday court closures, bankruptcy court changes
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
COA orders trial court to award credit for time served
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
Court relies on equitable estoppel determination test
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
COA: Serving notice on an adult’s parents isn’t adequate
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
COA affirms trial courts in truant kindergartner cases
The Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining that referral and attendance records for truant students were admissible at trial under the state’s business records exception.