COA to hear arguments in sewage leak case
The Court of Appeals of Indiana is set to hear oral arguments next week in a dispute over proceedings supplemental in a messy sewage case.
Indiana Court of Appeals
Articles
COA: Unruly defendant did not have to be explicitly told he could attend trial if he behaved
A so-called sovereign citizen who was removed from his own trial because of his disruptive behavior, then tried to get his conviction overturned by arguing he was not told he could remain in the courtroom if he behaved, did not get any sympathy from the Court of Appeals of Indiana, which instead commended the trial court for its patience in handling such a difficult defendant.
Expungement provides no cure for physician, appellate court rules
Finding state statute does not require a professional license to be renewed after an expungement, the Court of Appeals of Indiana has upheld a refusal by the Medical Licensing Board of Indiana to amend the disciplinary records and lift the sanctions imposed on a physician who was convicted of a misdemeanor.
COA reverses adoption petition after mother ‘thwarted’ father’s communication efforts
An Indiana woman’s efforts to keep her child’s biological father from communicating with their daughter for a year has resulted in a reversal by the Court of Appeals of Indiana on a petition to adopt.
Indiana Court Decisions: Feb. 24-March 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Justices affirm division of marital assets
The Indiana Supreme Court has determined a trial court didn’t err in its method of dividing up assets between a divorced Hendricks County couple, parting ways with the opinion of the Court of Appeals of Indiana.
Majority justices rule Duke can’t retroactively recover coal-ash cleanup costs
Indiana Supreme Court justices were divided on an issue of first impression brought by Duke Energy and the Indiana Utility Regulatory Commission, ultimately ruling that the utility cannot recover past coal-ash cleanup costs adjudicated under a prior rate order by treating the costs as a capitalized asset.
Justices: Steel supplier can have mechanic’s lien over U.S. Steel project site
Like the Court of Appeals of Indiana did before the case was transferred, the Indiana Supreme Court has reversed summary judgment granted to United States Steel Corp. over a mechanic’s lien dispute regarding a now-defunct industrial project in Gary.
Woman in legal battle with independent insurance company has no appealable claims, COA rules
A woman who spent roughly a decade in a legal battle with her employer has had her case dismissed for a lack of appealable issues.
COA affirms ruling for business on ex-employee’s wage claim, also awards appellate attorney fees
A northern Indiana man who lost his Wage Claims Act complaint against his former employer did not convince the Court of Appeals of Indiana that the trial court erred in its ruling and will now also have to pay appellate attorney fees to the business.
Murder conviction upheld for man who punched pregnant woman, fatally shot expectant father
A man who punched a pregnant woman in the belly and then fatally shot the father of her child could not convince the Court of Appeals of Indiana that his murder conviction should be overturned in favor of a lesser-included offense.
Suggestive cartoons didn’t violate man’s probation against obscene videos, COA rules
The state of Indiana failed to prove that watching sexually suggestive anime cartoons violated an Elkhart County man’s probation, the Court of Appeals of Indiana has ruled.
COA upholds custody modification in father’s favor
An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.
IN justices affirm mother was afforded due process during virtual TPR hearing
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.
Woman who lost consciousness while driving not liable for motorist’s negligence claim, COA affirms
A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.
Indiana Court Decisions: Feb. 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Appellate court finds copy of video evidence properly entered as evidence in burglary case
A copy of a video originally taken by a home security device was properly entered as evidence in convicting an Indiana man of burglary, according to the Court of Appeals of Indiana.
COA: Child molester’s multiple felony convictions pass Wadle test
A man’s convictions of two felony counts of child molesting don’t violate double jeopardy principles, according to the Court of Appeals of Indiana.
Appellate court again declines to pierce corporate veil on rehearing
An Indianapolis man who won $3,000 in a small claims dispute with a fencing company but lost in his bid to pierce the corporate veil has also lost his arguments on appellate rehearing.
Drug offender to get new sentencing hearing after trial court sentencing error
An Indiana man had his rights infringed upon when a trial court denied his request to be physically present during his sentencing hearing, the Court of Appeals of Indiana has affirmed.