Indiana Court Decisions: Jan. 26-Feb. 8, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
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.
Indiana Repertory Theatre again loses bid for COVID-related ‘physical loss’ coverage
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
COA remands for reexamination of criminal cash forfeiture
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
JNC accepting applications for Robb vacancy on COA
The Court of Appeals of Indiana is hiring for a new judge to take the bench this summer.
COA affirms prejudgment interest on reduced jury verdict
A trial court properly awarded interest on a reduced jury verdict, not the original verdict amount, the Court of Appeals of Indiana has ruled, pointing to the parties’ pretrial stipulation.
COA finds no error, constitutional violation in affirming domestic violence convictions
The Court of Appeals of Indiana has affirmed a man’s multiple convictions stemming from a domestic violence incident, determining there was no error or constitutional violation.
‘Confusing’ jury instruction leads to reversal of child molesting conviction
The July 2014 revision to Indiana’s criminal code has resulted in the Court of Appeals of Indiana vacating a child molesting conviction after finding that a jury instruction straddling both sides of the date of the revision could have confused jurors.
COA reverses contempt finding, awards credit time to appellant
The Court of Appeals of Indiana has reversed a contempt finding and ordered that the defendant be awarded credit time for the 28 days she spent in custody for contempt of court.
Sex trafficker loses constitutional arguments after cellphones seized in law enforcement ‘ruse’
An Illinois man who trafficked a teenage girl across state lines has failed to convince the Court of Appeals of Indiana that his constitutional rights were violated during the investigation into the trafficking scheme in the Hoosier State.
Pro se litigant loses appeal of convictions for pointing gun at police
A man convicted after pointing a gun at police failed to convince the Court of Appeals of Indiana that he should not have been allowed to proceed pro se. While the COA agreed that an attempted murder charge was improper, it did not find fundamental error.
IN justices provide clarity on discretionary interlocutory appeals in opinion
In the second published opinion written by Indiana Supreme Court Justice Derek Molter on Wednesday, justices addressed a procedural issue regarding discretionary interlocutory appeals and orders in limine.
Evidence supports neglect conviction after infant suffers ‘non-accidental trauma’
An Indiana man who was in charge of his girlfriend’s infant grandson when the child was injured will not get relief from his felony conviction from the Court of Appeals of Indiana.
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.
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.