Altice elected COA chief judge
The judges of the Court of Appeals have elected Judge Robert R. Altice Jr. to a three-year term as chief, effective Sunday.
Indiana Court of Appeals
Articles
Appellate court rejects 2nd burglary sentence appeal after previously ordering resentencing
A man who previously convinced the Court of Appeals of Indiana to reduce his burglary conviction and sentence failed Wednesday in his second sentencing appeal.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
COA: Deputies had reasonable suspicion for pat-down
A northeastern Indiana man has failed to convince the Court of Appeals of Indiana that deputies violated his Fourth Amendment rights when they patted him down and arrested him after an anonymous noise complaint was called in against him.
COA splits in dispute over repaired sign’s continued status under development ordinance
A split Court of Appeals of Indiana has found for a board of zoning appeals in a fight over whether the replacement and relocation of the supporting posts allowed a freestanding sign to keep its nonconforming status under a local ordinance.
Appellate rule change will enable litigants to cite ‘persuasive’ memorandum opinions
The Indiana Supreme Court is amending the appellate rules to allow litigants to cite to memorandum decisions for “persuasive value,” a change the Appellate Practice Section of the Indianapolis Bar Association has been advocating for since 2013.
Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history
While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.
COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case
A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.
Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment
A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.
Kenworthy joins COA, gives court 1st ever female majority
When Indiana Chief Justice Loretta Rush asked Grant County Judge Dana Kenworthy why she wanted to join the appellate court, Kenworthy provided a vivid image.
Reversal: Insurer not obligated to indemnify client against lead poisoning complaint
An insurer is not required to defend or indemnify a client that was sued for lead poisoning because the policy contained an unambiguous lead exclusion, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions: Dec. 1-14, 2022
Read Indiana appellate court decisions from the latest reporting period.
Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.
2022 in review: Honorable mentions
While the “top stories” of each year are usually easy to define, there are always other stories that, while perhaps not as high-profile, are equally as important to our readers.
COA finds ‘extraordinary circumstances’ in spousal support, Medicaid dispute between wife, FSSA
The Indiana Family and Social Services Administration has prevailed before the Court of Appeals of Indiana in a dispute with a woman whose spousal support order increased the amount of Medicaid funding her incapacitated husband received.
Justices grant transfer to 1, deny 6
Indiana justices granted transfer to one case last week, handing down an opinion while declining to review six other petitions for transfer.
COA rules noncustodial parent does not have to pay and will not receive child support
A weekly child support obligation that was ordered even after the calculation of the finances showed the noncustodial parent owed a negative amount has been reversed by the Court of Appeals of Indiana.
COA: THC vape cartridges evidence enough to enhance hash oil conviction
A man who transported 2,500 THC vape cartridges across state lines will not have his dealing conviction overturned after the Court of Appeals of Indiana rejected his appellate arguments.
COA reverses summary judgment over questions of employment status of deceased driver
A fatal 2017 traffic accident is headed back to the trial court after the Court of Appeals of Indiana found too many questions remain as to whether the driver alleged to have caused the collision was as an employee or contractor during the crash.
Reversal: Human trafficking victim entitled to post-conviction relief
An Indiana woman who was convicted of a felony after becoming a victim of human trafficking as a minor has convinced the Court of Appeals of Indiana to reverse a denial for post-conviction relief.