COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
Indiana Court of Appeals
Articles
AG asks Indiana Supreme Court to hear COVID case against Ball State
The Indiana attorney general wants the Indiana Supreme Court to weigh in on a lawsuit that seeks punitive damages for COVID-related college campus closures.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths
An Indiana teen convicted in adult court of killing two of his younger siblings has failed to convince the Court of Appeals of Indiana to toss his murder convictions or his 100-year sentence.
Robing ceremony planned Monday for COA Judge Foley
The Court of Appeals of Indiana’s newest judge will be robed next week in the Indiana Supreme Court courtroom.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
COA: Mistake of fact not enough to overturn seizure of drugs
Even though the driver was pulled over on a private roadway, the drugs seized as a result will still be admitted as evidence after the Court of Appeals of Indiana found the traffic stop was a mistake of fact and not a mistake of law.
Sentence revision not warranted for man kicked out of drug court, COA rules
A man who was kicked out of drug court for a variety of violations did not convince the Court of Appeals of Indiana that his explanations for the violations were valid.
Dollens: 2022 DTCI amicus activity in Indiana appellate courts
This year, the Defense Trial Counsel of Indiana participated as amicus in a variety of issues of significant interest to the defense bar.
Appellate court sides with county attorney in defamation suit despite anti-SLAPP claims
An elected LaPorte County official did not convince the Court of Appeals of Indiana that a defamation suit brought against him by the county’s attorney should be dismissed under Indiana’s anti-SLAPP law.
COA affirms adoption without mother’s consent
A mother who did not pay child support even though she was gainfully employed failed to convince the Court of Appeals of Indiana to overturn the adoption of her child, which was granted without her consent.
Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Pendleton inmate loses appeal of murder conviction after fatal prison stabbing
An inmate who used a makeshift weapon to fatally attack another inmate did not convince the Court of Appeals of Indiana that his murder conviction should be reversed.
Multimillion dollar award evaporates under COA review of policy language
A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification.
Appeals on Wheels to hear case involving strip clubs at casino
Court of Appeals of Indiana judges are on the road again this week for traveling oral arguments, this time preparing to hear arguments about compelling arbitration between dozens of models and two Indiana strip clubs.
COA denies relief to mother facing numerous contempt orders for unpaid medical expenses
A mother handed several contempt orders for failing to pay her share of uninsured medical expenses did not convince the Court of Appeals of Indiana that she should be granted relief from a judgment ordering her to reimburse the children’s father.
COA: Lake County sheriff didn’t need commissioners’ approval to sign jail contract for health services
In a dispute between Lake County’s sheriff and the local county commissioners, the Court of Appeals of Indiana has ruled for the sheriff.
COA dismisses appeal from landowner who didn’t timely appeal appropriation proceedings
A man who didn’t like the offer county officials made to acquire a portion of his land failed to appeal in a timely manner, the Court of Appeals of Indiana has ruled.
IN trial court can divide property after German divorce, COA rules
A woman who was divorced in a German court can pursue the division of her marital property in an Indiana trial court, the Court of Appeals of Indiana has ruled.