COA to hear arguments in 3 cases Tuesday
The Court of Appeals of Indiana is preparing to hear arguments in cases involving solar farms, imminent domain and insurance coverage next week.
Indiana Court of Appeals
Articles
COA remands after trial court failed to explain reasons for sentence
The Court of Appeals of Indiana has overturned the aggregate 60-year sentence of a Union County man convicted of child molestation because the trial court did not explain its reasoning for the consecutive sentences.
COA reverses granddaughters’ attorney fees award
Two women who won attorney fees against their grandmother’s estate were hit with a reversal Tuesday from the Court of Appeals of Indiana.
JNC to interview 9 candidates in July for Najam vacancy on COA
The Indiana Judicial Nominating Commission on July 11 will interview nine judges and lawyers who have applied to fill an upcoming vacancy on the Court of Appeals of Indiana.
Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Man charged with 41 felonies loses bond reduction appeal
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
Indiana Court Decisions – May 5-18, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Despite guilty plea in criminal case, COA allows defendant’s civil case against treatment providers to continue
A man with serious mental health issues who killed his grandfather soon after receiving mental health treatment has secured a reversal from the Court of Appeals of Indiana, which concluded his treatment providers were wrongly granted summary judgment on his medical malpractice claim.
COA: Statement of dead man properly admitted as evidence
A northern Indiana man’s constitutional rights weren’t violated when a trial court admitted a statement from a dead witness into evidence, the Court of Appeals of Indiana has ruled.
Trial Rule 60(B) does not sway COA to overturn default judgment
A certified public accountant who abruptly booted a tenant from his property then failed to appear at the subsequent court proceedings discovered the limits of trying to get relief under Indiana Trial Rule 60(B) when the Court of Appeals of Indiana found the CPA miscalculated his ability to get a do-over.
COA partially rules for town in property, ITCA dispute
An Indiana town will receive partial judgment from the Court of Appeals of Indiana on fraud and constructive fraud claims brought against it by a property owner who claimed the town backed out on its promise to purchase land.
COA rules COVID dangers allowed for continuance in criminal trial
The Court of Appeals of Indiana found the Fulton Superior Court’s failure to hold a timely jury trial after the defendant filed a motion for a speedy trial was not grounds to overturn the conviction because the COVID-19 pandemic created an emergency that allowed for the delay.
COA reverses for farm in neighbors’ shared drainage line dispute
The Court of Appeals of Indiana has reversed in a dispute between neighbors over the use of a drainage line in Montgomery County, finding the farmland owner’s suit wasn’t subject to a six-year statute of limitations.
COA: Bloomington Plan Commission member validly selected despite political party concerns
A feud over who should fill an open seat on the city of Bloomington’s Plan Commission has been resolved after the Court of Appeals of Indiana reversed Friday, finding the mayor’s nominee was validly appointed.
BBQ joint challenging COVID face-covering requirement loses mootness appeal
A Bluffton barbecue joint seeking to set aside a health department order requiring the restaurant’s employees to comply with a face-covering requirement during the height of COVID did not convince the Court of Appeals of Indiana that its case wasn’t moot.
Despite sticker shock, COA affirms $150K bail for teen charged in deadly crash
Noting several times its limited role in reviewing the denial of a request to reduce bail, the Court of Appeals of Indiana has affirmed a trial court’s ruling that set bail at $150,000 for an Elkhart County teenager charged in a deadly auto accident.
New lawyers welcomed to profession at admission ceremony
At the Indiana Supreme Court Admission Ceremony, Indiana Justice Steven David reminded the newest admittees to the profession of law this was the day they had long been working towards.