Indiana Court Decisions – April 21-May 4, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Misdemeanor convictions withstand appeal over timing of jury instructions
A Marion County woman who apparently demanded a jury trial after being charged with misdemeanors failed to get her convictions overturned after the Court of Appeals of Indiana found trial courts can choose when to instruct the jury.
IN justices to consider discovery case involving ‘problematic’ precedent
Indiana Supreme Court justices this month will hear oral arguments on petition to transfer in a case in which the Court of Appeals of Indiana, despite “problematic” precedent, upheld the denial of a defendant’s motion to compel evidence of unredacted copies of the police report in his case.
COA: Trial court had ‘good cause’ for failing to meet 120-day deadline in CHINS case
Because a mother remained quiet in a CHINS hearing, the Court of Appeals of Indiana has affirmed that the trial court had good cause for failing to hold a factfinding hearing within the statutorily required 120-day time frame.
COA allows rape case to proceed 35 years after incident
A Lake County man charged with multiple rapes 35 years after they occurred failed to convince the Court of Appeals of Indiana that his due process rights were violated and that the decadeslong delay was unjustified.
IN Supreme Court: Father’s substantive rights not violated in OWI case involving minor child
A father who was convicted of driving under the influence while his young daughter was in the car will not have his sentence reversed by the Indiana Supreme Court on allocution violation grounds.
Reversal: Same name not sufficient evidence for serious violent felon conviction
A Decatur County man facing an aggregate sentence of 30 years had his Level 4 felony conviction overturned after the Court of Appeals of Indiana ruled that a defendant having the same name as a person convicted in a previous drug case was not enough to sustain a conviction as a serious violent felon.
Split COA affirms denial of minor’s gender-marker change, calls on Supreme Court for help
Making an about-face, a sharply divided panel of the Court of Appeals of Indiana has affirmed the denial of a mother’s second request to change her transgender child’s birth certificate gender marker. But noting its own conflicting precedent, the COA called on the Indiana Supreme Court to help resolve the issue.
COA upholds admission of subsequent bad acts in domestic violence case
A trial court didn’t abuse its discretion when it admitted evidence of subsequent bad acts committed by a Fort Wayne man who continued to abuse his girlfriend after his arrest, the Court of Appeals of Indiana has ruled.
COA reverses intimidation conviction for lack of intent
Despite allowing a Level 6 felony conviction to stand, the Court of Appeals of Indiana has reversed a Level 5 felony intimidation conviction, finding that even though the defendant acknowledged he had threatened to kill his sisters, he did not actually intend to prevent them from calling the police.
Denial of motion to set aside default judgment was error, COA rules
A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.
COA reverses protective orders, remands classmates’ stalking case for judge’s improper comments
A pair of protective orders issued against two brothers by a classmate have been reversed after the Court of Appeals of Indiana determined the defendants weren’t given an impartial hearing and were denied due process by the Lawrence Circuit Court.
COA: Children’s habitual residence is South Bend, not Germany
The Court of Appeals of Indiana has reversed for a mother who moved from Germany to South Bend with her husband and children, finding she did not wrongfully retain her children in the United States after their father returned to Europe.
Rehearing: COA inaccurately characterized underlying proceedings in de facto custodian case
A Fort Wayne couple trying to secure de facto custody of a child they temporarily raised in their home did not persuade the Court of Appeals of Indiana on rehearing that it should change its mind in determining the child was best suited to live with her mother, not them.
Confused jury cited in appeal to murder convictions
The Court of Appeals of Indiana will be hearing oral arguments challenging a traffic stop and jury instructions that resulted in criminal convictions Tuesday at Wabash College as part of the Appeals on Wheels program.
Property sales not permitted in divorce actions under provisional-order statute, COA rules
Provisional orders governing the affairs of parties in a pending divorce action do not permit trial courts to order the sale of property, the Court of Appeals of Indiana has ruled.
COA agrees father was underemployed but remands child support order
A father who was found to be voluntarily underemployed after his wife filed for divorce received a partial reversal Friday when the Court of Appeals of Indiana noted questions remained about his job opportunities and earnings level.
Default judgment against CBD company affirmed
An Indiana CBD company that refused to pay for a shipment of more than $200,000 of hemp could not convince an Indiana appellate court that it had excusable neglect for failing to respond to both a lawsuit filed against it as well as related court orders.
Appellate court affirms use of state’s jury instruction on motive in partial decapitation case
A pattern jury instruction on motive used in a murder case adequately equipped the jury to perform its role in convicting a man who tried to decapitate a woman he killed, the Court of Appeals of Indiana has ruled.