Public defender’s office goes green
The Office of the Public Defender of Indiana is now an American Bar Association Law Office Climate Challenge Partner.
Indiana Court of Appeals
Articles
Appeals court split on parol evidence issue
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
COA discusses jury-selection procedures
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
Judges split on duty owed to injured teen
A majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling involving the duty to prevent injury to sports participants to now include sporting event volunteers.
COA: No presumption of undue influence
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
Prior misconduct negates self-defense claim
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
COA reverses 4 attempted robbery convictions
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
Majority affirms conviction despite no witnesses
An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
COA differs on why no insurer duty to defend
A panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges disagreed as to why the insurers owed no duty to defend.
State didn’t prove man was drunk when driving
The Indiana Court of Appeals reversed a defendant's conviction of driving while intoxicated because the state failed to prove the man was intoxicated when he drove his moped.
Court split on burglary tipster issue
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
Defendant must prove inability to pay
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
Inconsistent jury verdicts not reviewable
Inconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review, the Indiana Supreme Court held Thursday.
COA: Storage fees capped per statute
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
Appellate ruling addresses priority rights
In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
Mortgage company didn’t act in good faith
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
Judges reverse theft conviction
The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.
COA: Inmate must pay filing fees
The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.
COA rules on landowner first-impression issue
For the first time, the Indiana Court of Appeals needed to decide whether an urban or residential landowner owes a duty to protect neighbors from damage caused by a tree falling from the landowner's property. In J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain, No. 20A03-0908-CV-366, Cindy Cain's home is next […]
COA affirms mentally ill man’s murder conviction
The Indiana Court of Appeals was compelled today by Indiana Supreme Court precedent to affirm a murder conviction for a man who was found guilty but mentally ill.