Indiana Court Decisions: Oct. 20-Nov. 2, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
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COA affirms for doctors, hospital in negligence suit, seeks guidance from Supreme Court
The Court of Appeals of Indiana entered judgment for two doctors and a hospital Thursday, concluding that a patient’s expert affidavit was insufficient to create a genuine issue of material fact about the standard of care she should have received.
‘Strength under control’: Justice Molter honored during robing ceremony
Hands clasped with a soft smile on his face, Justice Derek R. Molter sat in the front row of a packed courtroom facing his empty seat on the Indiana Supreme Court bench.
COA upholds admission of evidence found on juvenile after police chase
A minor who was found with drugs and a handgun after he ran from police has failed to convince an appellate panel that the evidence found on his person should be suppressed.
Flooding dispute headed to IN Supreme Court
A dispute between a Montgomery County couple, the town of Linden and multiple county departments over whether drainage improvements resulted in a permanent physical invasion of their land will go before the Indiana Supreme Court.
Appellate court reverses delinquency adjudication for sexual battery based on insufficient evidence
The Court of Appeals of Indiana has reversed a juvenile’s delinquency adjudication for felony sexual battery after finding insufficient evidence to support the adjudication.
COA rules for distillery in spirited legal battle with distributors
The sale and distribution of alcohol — or lack thereof — sat squarely in the middle of a legal battle fought between the product’s manufacturer and distributors, with the Court of Appeals of Indiana ruling for the beverage producer.
Split COA voids juvenile’s delinquency adjudication, finds trial court failed to ensure minor knowingly waived rights
A juvenile’s delinquency adjudication for auto theft has been voided after a split Court of Appeals of Indiana found a trial court failed to ensure the child knowingly and voluntarily waived his rights when he admitted to the offense.
Reversal: Evansville company entitled to indemnity on environmental claim
A company sued in federal court nearly two decades ago for environmental contamination is entitled to indemnity against related state-court litigation, the Court of Appeals of Indiana has ruled in a summary judgment reversal.
Reversal: Construction company entitled to interest, attorney fees after $58K verdict
A home construction company that won a $58,500 verdict against a former client is also entitled to prejudgment interest and attorney fees, the Court of Appeals of Indiana has ruled, overturning a trial court’s denial.
Appellate court affirms sentence change from home detention to DOC
A man who claimed that his home detention sentence was wrongly changed to placement in the Indiana Department of Correction did not sway the Court of Appeals of Indiana to rule in his favor.
COA splits in reversing delinquency adjudication for auto theft
A split appellate panel has reversed a teen’s delinquency adjudication for auto theft, finding insufficient evidence to support the adjudication.
Appeals on Wheels operates on effective strategy, planning
Driving down Interstate 65 on a cold Monday evening, computer equipment and boxes of books in tow, Court of Appeals of Indiana communications director Anne Fuchs was preparing for a busy day.
JNC sends 3 names to governor for COA vacancy: Felix, Joven, Kenworthy in running to succeed Molter
The process of choosing Indiana’s newest appellate judge from three finalists selected earlier this month is underway.
Indiana Court Decisions: Oct. 6-19, 2022
Read Indiana appellate court decisions from the latest reporting period.
Yes or no question: ISBA poll helps Hoosiers vote for appellate retention
Indiana Lawyer reviewed the results of appellate retention votes and ISBA member polls for the last 12 years. Highlighted are selected results.
COA allows suppression of drugs found in purse based on constitutional violations
A woman who was criminally charged after drugs were found in her purse as part of a search of someone else’s home has convinced the Court of Appeals of Indiana that the drug evidence should be suppressed.
Reversal: Trial court breached contract when it revoked pretrial diversion agreement
The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.
COA holds video evidence of little use to defendant
Video from a domestic violence incident at a liquor store would likely not have helped a South Bend man avoid a felony conviction and revocation of his probation, the Court of Appeals of Indiana has ruled.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.