Water company not a political subdivision
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana
Court of Appeals concluded today.
Indiana Court of Appeals
Articles
COA balances free speech vs. minor’s privacy rights
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political
speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
COA reverses judgment on 1 cross-claim in library appeal
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach
of professional standard of care, the Indiana Court of Appeals ruled today.
Appeals court rules on corporate subsidiaries case
The Indiana Court of Appeals has ruled against a Bluffton electric company, finding that corporations can’t simply create
subsidiaries internally and declare them separate entities in order to avoid paying higher tax rates under state unemployment
compensation law.
Court rules on appellate counsel issue in child molesting case
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second
highest appellate court has ruled.
Justices adopt appellate court findings
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court
of Appeals decided on two criminal appeals.
Judges affirm elevated drug convictions
The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.
Translated transcripts necessary for jury
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
Justices dismiss DCS transfer petition
The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the
Indiana Court of Appeals ruled in favor of the DCS.
Court: refusal to identify law applies to passengers
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
Checkpoint doesn’t violate separation of powers
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
COA: negligence claim should go to trial
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
COA upholds stop of teen with gun
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
Gaming agents have full police power
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
COA reverses modification of juvenile’s probation
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
COA: Officer’s observation didn’t violate man’s rights
The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer
didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve
a warrant.
Court: juveniles can be placed on sex offender registry
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
COA refuses to rule defendants get blanket immunity
The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.
Court rules on liability in nursing home accident
The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:
What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers
arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident
on the front porch before crashing into the building itself?
Judges uphold sentence increase on appeal
The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.