Insurance presents first-impression issue
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
Indiana Court of Appeals
Articles
Court affirms sentence for non-support of 8 kids
A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.
Judges disagree on estoppel claim
An Indiana Court of Appeals panel disagreed today as to whether an insurance company is entitled to summary judgment in an action filed by clients regarding coverage. In Everett Cash Mutual Insurance Co. v. Rick and Katrina Taylor, No. 02A03-0808-CV-386, the issue is whether the Taylors were negligent in failing to make sure an independent […]
Judges disagree on search validity
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
Woman didn’t prove she should get new trial
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
Judges disagree on intent issue in rape trial
A panel of Indiana Court of Appeals judges disagreed as to whether a defendant in a rape case put his intent at issue during trial by attempting to show his victim consented to sex with him.
COA: Switchblade ban not unconstitutional
A portion of Indiana Code that prohibits a person from owning a switchblade isn't unconstitutional as applied to a defendant and doesn't place a material burden upon the core value of the right to defend herself, the Indiana Court of Appeals ruled today. At issue in April Lacy v. State of Indiana, No. 31A04-0810-CR-571, is […]
COA: Man’s sentence could be increased
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
Officer safety justified opening ajar car door
The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.
COA first court to join ‘green’ ABA program
The Indiana Court of Appeals has been named as a Law Office Climate Challenge Partner by the American Bar Association Section of Environment, Energy and Resources. The appellate court is the first court in the country to join the program.
COA decides eminent domain case
In considering a common arrangement between a utility company and property developer, the Indiana Court of Appeals has given a green light for that utility to exercise eminent domain when a developer is financing a sewer line extension to a proposed housing development.
COA: Wife is liable for mortgages
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
Judges disagree in police entry case
An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana, No. 45A03-0811-CR-569, Judge Carr Darden cited the […]
Court: grandparent visitation survives adoption
State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.
Judges uphold contingent fees award
The contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed today.
COA judge recuses himself from case
The Indiana Court of Appeals granted a rehearing in John Pickett v. State of Indiana, No. 47A01-0807-CR-322, to address whether Judge Cale Bradford should have recused himself because his ex-wife, Kimberly A. Jackson, represented John Pickett on appeal.
COA: findings don’t support attorney fees
The Indiana Court of Appeals remanded a case today involving attorney fees – the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes – because the findings of the case currently don't support the judgment.
First impression in utility fee case
In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
COA reverses termination over rule violation
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
Judges disagree on proof-of-age issue
Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.