Applications for Foley vacancy on Morgan Superior Court close Monday
With Judge Peter Foley now on the Court of Appeals of Indiana, Morgan Superior Court 1 has an opening on its bench.
Indiana Court of Appeals
Articles
COA: Magistrate judge protected by absolute judicial immunity in PCR case
A magistrate judge who granted a litigant’s motion to transfer a PCR case to an elected judge but then failed to do so was protected from the litigant’s subsequent lawsuit against her by absolute judicial immunity, the Court of Appeals of Indiana has ruled.
Split 7th Circuit affirms denial of habeas relief despite excluded evidence
A northern Indiana man convicted of molesting his teenage nephew has lost his appeal of the denial of habeas relief based on the argument that he should have been allowed to present evidence of his nephew’s drug use.
ISBA poll: Members support retention of Mathias, Vaidik, Weissmann
The three Court of Appeals of Indiana judges sitting for retention in next month’s general election have received a vote of confidence from members of the Indiana State Bar Association.
JNC names 2 judges, 1 attorney as finalists for Molter COA vacancy
Two trial court judges and an attorney in private practice are the finalists to fill now-Justice Derek Molter’s seat on the Court of Appeals of Indiana.
Indiana Court Decisions: Sept. 22-Oct. 5, 2022
Read Indiana appellate court decisions from the latest reporting period.
Despite error, COA affirms dismissal of couple’s complaint over arsenic-treated decks
While a Monroe County couple convinced the Court of Appeals of Indiana that a trial court misapplied the state’s product-liability statute in their case, that ruling still didn’t win them any relief for the allegedly defective decks at their home.
Payne-Elliott decides to end litigation against Indianapolis Archdiocese
Joshua Payne-Elliott, the former Cathedral High School teacher who sued the Roman Catholic Archdiocese of Indianapolis after he lost his job for being in a same-sex marriage, has decided to end his litigation.
COA: PCR correctly denied in pharmacy robbery case
A man who was a part of a duo that conducted a string of Indianapolis-area Kroger pharmacy robberies in 2016 did not convince the Court of Appeals of Indiana that he was wrongly denied a petition for post-conviction relief.
Patient’s suit against Community Health moves ahead after diagnosis shared online
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.
COA affirms CHINS adjudication for out-of-state, traveling children
A West Virginia mother whose children were taken into emergency custody in Indiana could not convince the Court of Appeals of Indiana that the adjudication of her kids as children in need of services was the wrong decision.
Split COA finds juvenile court had jurisdiction to order SORA registration
An Indiana man wasn’t wrongfully ordered to register under the Sex and Violent Offender Registration Act by a juvenile court after he turned 18, a split Court of Appeals of Indiana panel has concluded.
Ball State student may proceed in COVID breach-of-contract class action against university
A student’s class-action lawsuit filed against Ball State University for COVID-related closures can proceed, the Court of Appeals of Indiana has ruled.
Movie theater contractor not liable for construction worker’s on-the-job injuries, COA affirms
The guardian of a man who was injured while working on a movie theater construction project has failed to convince the Court of Appeals of Indiana that a subcontractor for AMC Theatres owed the man a duty of care.
High court passes on Indiana case involving death of boy, 2
The U.S. Supreme Court has declined to hear the appeal of a man sentenced to 60 years in prison for his role in a shooting that killed a northern Indiana boy who was playing outside.
Judge pro tem appointed in Morgan Superior Court as Foley moves to COA
A senior judge has been appointed to the Morgan Superior Court to serve pro tempore following Judge Peter Foley’s selection to the Court of Appeals of Indiana.
2nd time around, COA affirms modification of custody in father’s favor
After overturning a previous modification order because the mother was unrepresented, the Court of Appeals of Indiana has affirmed the trial court’s second order giving the father primary custody of his two girls.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
Second round of COA interviews for Molter vacancy scheduled for Oct. 12
A second round of interviews for the group of finalists vying for an opening on the Court of Appeals of Indiana has been scheduled for Oct. 12.
COA finds utility company met TDSIC requirements
An attempt to short circuit the state’s approval of a power company’s plan to upgrade the system and increase rates through the TDIC mechanism was disrupted when the Court of Appeals of Indiana found the plan and the state regulators were grounded in statute.