Governor taking applications for Morgan County judicial opening
Applications are now being accepted for the judicial vacancy on the Morgan County bench. Individuals have until 5 p.m. Oct. 24 to apply.
Indiana Court of Appeals
Articles
Despite win in federal court, defendant loses suppression appeal in state court
An Evansville man who was charged with illegally possessing a firearm in state and federal court could not convince the Court of Appeals of Indiana that his motion to suppress should have been granted by the trial court when the district court ruled for him.
COA again shuts down daughter’s arguments in trust dispute, orders appellate attorney fees
A longtime legal battle between siblings over their mother’s trust recently made its way back to the Court of Appeals of Indiana, where the sister lost yet again. The appellate court’s ruling also included a warning for the sister’s longtime counsel.
COA to hear arguments in arsenic case at Notre Dame Law
The Court of Appeals of Indiana is hitting the road again this week as a panel prepares to hear oral arguments at Notre Dame Law School in a case concerning the use of arsenic to treat a home’s exterior.
Split COA reverses protective order against father in ‘close case’
An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.
COA finds ‘shall’ is unambiguous in requirements for solar farm application
The Court of Appeals of Indiana has affirmed that the plug must be pulled on the first phase of what has been described as one of the largest commercial solar farms.
Supreme Court accepts case raising questions of collateral estoppel and claim splitting
A unanimous Indiana Supreme Court has granted transfer to a personal injury case brought by a severely and permanently injured woman which is raising questions of whether subsequent litigation can be filed against a group of defendants when other defendants have already been held liable.
Split COA reverses against school corporation in unpaid wind turbine usage dispute
A divided Court of Appeals of Indiana has reversed for a construction company that sued an Indiana school corporation after it failed to pay $1.5 million in damages for its access to a wind turbine.
COA rules dispute over agreement with former Celadon Group must move to Delaware courts
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
Foley selected to fill Court of Appeals of Indiana vacancy
Morgan Superior Judge Peter R. Foley has been selected as the newest member of the Court of Appeals of Indiana, Gov. Eric Holcomb announced Wednesday.
Stepdad waives arguments against comfort animal in court, loses child molesting appeal
The Indiana Court of Appeals has affirmed a trial court’s decision to allow a child molestation victim to testify in court with a comfort animal at her side. The ruling means the defendant’s child molesting convictions will stand.
Indiana Court Decisions: Aug. 25-Set. 7, 2022
Read Indiana appellate court decisions from the most recent reporting opinion.
COA rehearing reaps same result: MDMB rule vague
The Court of Appeals of Indiana has reaffirmed an earlier ruling that held the state’s classification of a synthetic cannabinoid as a Schedule I controlled substance is unconstitutionally vague.
Indiana justices take murder case overturned by COA
The justices voted to grant transfer to Marquis David Young v. State of Indiana, 21A-CR-1125, a 2020 murder case from Lake Superior Court. Also, the justices voted to hear a dispute over an arbitration provision in a customer contract and a case involving property damage caused by a sewage overflow.
Father allowed limited contact with teen son despite protective order, COA rules
A father accused of physical abuse against his teenage son can have limited contact with his son despite a protective order after the Court of Appeals of Indiana determined the protective order went too far.
Reversal: Joint custody not supported, trial court must choose which parent will get sole custody
The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
Molter sworn in as Indiana’s 111th justice
Indiana Supreme Court Justice Derek Molter has officially joined the high court’s bench.
Partial reversal awarded to man whose probation was revoked in consolidated case
A man with multiple convictions received a partial reversal from the Court of Appeals of Indiana on Thursday after it found a petition to revoke his probation in one of those cases was untimely filed and ultimately an abuse of discretion.
Appellate court affirms stalking conviction against woman who targeted former sheriff
A woman holding more than a decadelong grudge against a former sheriff cannot shake her conviction for felony stalking after she berated the man and followed him around town for years.
COA affirms for title company in land purchase dispute
A complaint against a title company and its underwriter that was dismissed without an opportunity to amend was properly thrown out despite an error, the Court of Appeals of Indiana has affirmed.