NW Indiana man pleads guilty to role in 2019 double-slaying
A northwest Indiana man has pleaded guilty to voluntary manslaughter and other charges for his role in the killings of two teenagers fatally shot during a drug-related robbery.
Indiana Court of Appeals
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COA to hear oral arguments from man charged with rape 35 years after incident
A Lake County man charged with rape 35 years after the incident allegedly occurred will present oral arguments before the Court of Appeals of Indiana next week.
Partial reversal granted on ineffective assistance claim in molestation case
The Court of Appeals of Indiana has partially reversed a child molester’s convictions after concluding he received ineffective assistance of counsel at trial.
Tippecanoe School Corp. wins summary judgment on injured cheerleader’s negligence claim
The Tippecanoe School Corporation has secured summary judgment against a student’s negligence claim after the Court of Appeals ruled in its favor following a cheerleader’s injury.
COA: Trial court didn’t properly instruct jury in drug-induced homicide case
A trial court’s erroneous decision to reject a defendant’s proposed preliminary instructions has led to the reversal of the defendant’s drug dealing conviction. But the Court of Appeals of Indiana left open the possibility of a retrial due to other significant evidence, including evidence of text messages sent and received by a man who died of a drug overdose.
COA reverses suppression of evidence found in hotel room based on home-detention rights waiver
The Court of Appeals of Indiana has reversed the suppression of evidence found during the search of a man’s hotel room after determining the defendant had waived his constitutional search-and-seizure protections in a home detention agreement.
Reversal: Man seeking to restore gun rights can proceed in state court
A man seeking to restore his right to possess a firearm following his conviction for battery against his wife can proceed with his restoration proceedings in state court after the Court of Appeals of Indiana overturned a finding that the man needed to take his case to federal court.
Husband with 2 wives avoids annulment at COA
A Goshen wife who discovered during divorce proceedings that her husband had actually been married to another woman during their marriage had her decree of annulment overturned after the Court of Appeals of Indiana found the man was not properly notified through a service by summons.
COA affirms default judgment for mortgagor, finding appeal untimely
A request to reconsider a default judgment on a voided mortgage was denied after the Court of Appeals of Indiana concluded the appeal was untimely.
COA: Open door lawsuit requires a bond to continue
Residents of Cass County who challenged the local government’s actions to lure a zinc oxide manufacturing facility to their community will have to put more skin in the game to continue their fight after the Court of Appeals of Indiana found they filed a public lawsuit that requires the setting of a bond.
Unchanged situation justifies custody reversal, COA rules
Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.
Interest exclusion in foreclosure case based on pandemic emergency orders reversed
A bank seeking to foreclose on an Indiana property can collect interest accrued during the early days of the COVID-19 pandemic despite emergency court orders tolling interest, the Court of Appeals of Indiana has ruled.
Split COA affirms dismissal of adult charge against man for alleged acts as teen
Determining the heart of the issue was “a lack of clarity in the Indiana Code,” a split Court of Appeals of Indiana panel ruled an adult criminal court rightly dismissed, for lack of jurisdiction, a child molesting charge against a man who allegedly forced a preteen to have sex with him when he was 16.
COA allows students’ COVID breach complaints against IU, Purdue to proceed
Lawsuits filed by students at Indiana and Purdue universities alleging breaches of contract when the schools moved to online learning because of the COVID-19 pandemic will proceed, the Court of Appeals of Indiana has ruled.
IN justices: Forfeited funds can’t be released for defense, but summary judgment for state was inappropriate
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not: An update
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Indiana Court Decisions – March 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Waterlogged tenants fail to sink privity requirement at COA
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
COA: Trial court harmlessly erred in denying direct questioning of prospective jurors
A St. Joseph County man convicted of involuntary slaughter for a drug deal gone wrong should have been permitted to directly question prospective jurors, but that error was ultimately harmless, the Court of Appeals of Indiana has ruled.