County, court don’t have to give back pay
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
Indiana Court of Appeals
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COA travels to Lafayette for arguments
The Indiana Court of Appeals travels to Lafayette April 20 to hear a case regarding the delayed return of children to their mother following the death of a sibling.
Suit based on church-member letter may go on
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
Insurer’s policy breach a case of first impression
In a case of first impression for state courts, the Indiana Court of Appeals affirmed a jury verdict against an insurance company in a breach of contract case, ruling the insured's failure to repair his building following a fire was the fault of the insurance company. In Rockford Mutual Insurance Co. v. Terrey E. Pirtle, No. […]
Court remands custody case for new hearing
Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
Worker’s suicide fails chain of causation test
A widow’s request for workers’ compensation benefits of her deceased husband can’t be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband’s death.
Court reverses conviction over letter
A man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals because a letter he wrote while trying to negotiate a plea agreement – which was rejected – shouldn't have been admitted at his trial.
Instant offense considered ‘unrelated’ per statute
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
‘Prison mailbox rule’ applies to direct appeals
The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.
Arguments Thursday in infant sleeping death
The Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while sleeping on a couch with his mother.
COA: University should get summary judgment
The Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
COA to webcast more arguments
The Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.
COA: Policy doesn’t cover car in accident
The Indiana Court of Appeals ruled in favor of an insurance company in a suit seeking compensation for damages by the insured's grandson after a car accident. The appellate court also used the opinion to remind counsel of the rules for filing appendices.
COA: State must prove violation of statute
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
First impression on residential entry issue
Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
COA: Firefighter’s e-mail didn’t harm department
A firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled today.
Appeals court expansion bill stays alive
Legislation that would create a new sixth panel for the Indiana Court of Appeals is moving through the legislative committee cycle, even though lawmakers doubt it will pass this session. The Senate Judiciary Committee met this morning and discussed Senate Bill 35, which proposes an additional appellate judge panel for the first time since 1991. […]
Trial court erred in denying motion to continue
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
COA at Purdue University for election case
A panel of Indiana Court of Appeals judges visits Purdue University Tuesday for arguments in an election dispute out of Delaware County.
Court upholds out-of-state juvenile placement
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.