Fees updated for appellate courts
The Indiana Supreme Court published an order April 26 on the fees the state’s
appellate courts clerk can charge for miscellaneous services.
Indiana Court of Appeals
Articles
Judges disagree on case involving juror strikes
A Marion County deputy prosecutor’s striking of potential jurors has divided an Indiana Court of Appeals panel, with judges
disagreeing about whether it should second-guess a lower court’s finding that no racial discrimination was in play in striking
the African-American jurors.
Legal process on mental illness isn’t yet where it should be
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to
better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn’t gone far
enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental
illness.
Legislature’s final days bring up merit selection, out-of-state placement issues
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of
the session, reviving talk on two issues that have significant impact on the state’s judiciary and legal system.
Appellate senior judge dies after brief illness
The first chief judge of the Indiana Court of Appeals and current senior judge on the appellate court died on Dec. 25 after suddenly falling ill.
COA to hear arguments at IU-Indy
The Indiana Court of Appeals will hear arguments at an Indianapolis law school in a man's appeal of his convictions of resisting law enforcement and battery on a police officer. Judges Paul D. Mathias, Terry A. Crone, and Elaine B. Brown will hold arguments at 5 p.m. Tuesday in the Wynne Moot Courtroom at Indiana […]
Suit filed after statute of limitations end
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
Appellate court to hear arguments in Lafayette
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
COA in Carmel to hear appeal of sanctions
The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.
COA upholds eviction action
A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
Appellate court upholds murder conviction
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
Law clear only guarantor’s signature needed
The Indiana Court of Appeals ruled on a guaranty issue today that is "so well-settled" in state law that the judges had difficulty finding recent cases restating it.
COA rules on first impression railroad issue
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.
Appellate court upholds guardian appointment
The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
COA split on whether company can repurchase stock
A panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase stock had occurred in a timely manner under a shareholders' agreement.
Man didn’t timely file petition to reopen estates
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
Judges disagree on chemical possession charge
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
COA upholds termination of parental rights
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
Court reverses handgun conviction
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
COA: lawyer-client privilege protects information
A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.