Indiana Court Decisions – July 13-27, 2022
Read Indiana appellate court decisions from the latest reporting period.
Indiana Court of Appeals
Articles
COA: Intimidation statute not vague
Even though a man waived his challenge to the Indiana intimidation statute, the Court of Appeals of Indiana still addressed his arguments and found the law was not vague under the facts and circumstances of his case.
Evidence found in Michigan that tied defendant to Indiana case properly admitted in Hoosier trial, COA rules
A man whose backpack was searched in Michigan and revealed evidence linking him to another crime in Indiana did not convince the Court of Appeals of Indiana that the evidence should have been suppressed in his Indiana trial.
Father wins reversal on parenting time, child support orders, but child will remain with grandparents
A father whose child will remain in the custody of her grandparents has secured a reversal from the Court of Appeals of Indiana after it found the trial court abused its discretion in determining both his parenting time and child support obligations.
COA affirms machine gun adjudication for teen who had pistol with ‘Glock switch,’ reverses 2nd adjudication for double jeopardy
A teen arrested for possession of a modified pistol will not shake his machine gun adjudication but has convinced the Court of Appeals of Indiana that a juvenile court violated double jeopardy principles when it also tacked on a possession-of-a-dangerous-firearm offense.
COA: Contract only requires one side in construction dispute to arbitrate
The owners of a construction project will not be forced to take their complaint against their project’s general contractor to arbitration, but the contractor will need to arbitrate its counterclaims if the claims aren’t resolved, the Court of Appeals of Indiana has ruled.
COA: Evidentiary issue not yet ripe for appeal
An Indiana man who wanted the jury to know about a trial court’s order tossing a CHINS petition has been told by the Court of Appeals of Indiana to come back after his case has been tried.
Justices decline to hear IRT’s COVID coverage case but agree to revisit criminal case decisions
The Indiana Supreme Court has brought the curtain down on the Indiana Repertory Theatre’s push to get its insurance company to cover losses incurred when the pandemic forced the show to close in the spring of 2020.
COA: Trial court incorrectly set aside default judgement
The Court of Appeals of Indiana has reinstated default judgment against a man who had previously won a reversal of that judgment but who failed to address the counterclaims against him.
COA affirms child molester’s convictions despite abuse of discretion
The Court of Appeals of Indiana has affirmed a child molester’s convictions after finding that while the trial court abused its discretion in admitting the child’s consistent recorded pretrial statement, the abuser failed to prove his substantial rights were affected as a result.
Justices toss Gary ‘welcoming ordinance’ lawsuit for lack of standing
A lawsuit challenging the city of Gary’s “welcoming ordinance” for immigrants was thrown out Thursday by the Indiana Supreme Court after the justices determined the plaintiffs lacked standing to sue the city.
Self-storage company didn’t have standing for judicial review of competitor’s zoning variance, COA affirms
A self-storage company that bemoaned its zoning board’s approval of a variance to allow a competitor to open a similar business down the road has failed to convince the Court of Appeals of Indiana that it had standing to seek judicial review of the case due to the potential loss of business.
Foley, Hanlon, Uliana picked as finalists to succeed Najam on COA
Two Indiana judges and one attorney have been named the final candidates to fill an upcoming vacancy on the Court of Appeals of Indiana.
Soshnick: The UPMAA: The future for Indiana postmarital agreements?
The terms “reconciliation agreement,” “postnuptial agreement,” “postmarital agreement,” “separation agreement,” “marital agreement” and “settlement agreement” have been the subject of considerable Indiana appellate court commentary without legislative guidance.
Indiana Court Decisions: June 29-July 12, 2022
Read Indiana appellate court decisions from the most recent reporting period.
JNC submits 3 finalists to Holcomb for COA appointment
The clock is now ticking for Indiana Gov. Eric Holcomb to select the next Court of Appeals of Indiana judge to replace retiring Judge Edward Najam Jr.
Mathias, Vaidik, Weissmann up for retention on November ballot
Court of Appeals of Indiana Judges Paul D. Mathias, Nancy H. Vaidik and Leanna K. Weissmann will appear on the ballot for retention on Election Day in November.
COA: No error in admitting diversion agreement in child support nonpayment case
A father who failed to pay thousands of dollars in child support couldn’t persuade the Court of Appeals of Indiana that his pretrial diversion agreement should not have been admitted against him during his jury trial.
Court of Appeals waiting on slip and fall case that enraged trial judge
The personal injury case that inspired a trial court judge to declare Indiana’s civil litigation process is broken is continuing to wait for a final order so the matter can move to the appellate level.
COA: Mentally ill man should’ve been denied pro se request
A mentally ill man who was committed after acting pro se has secured a reversal by the Court of Appeals of Indiana, as the appellate court determined he was not competent enough to waive his right to counsel.