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.
Indiana Court of Appeals
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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.
COA affirms TPR for mother of chronically ill son
A trial court didn’t err when it terminated the parental rights of a mother to her chronically ill son after multiple attempts were made to remedy the situation, the Court of Appeals of Indiana has affirmed.
Drug offender wrongfully placed in DOC instead of county jail, COA rules
A trial court abused its discretion when it ordered a man to spend 1½ years in the Indiana Department of Correction for Level 6 felony drug possession charges, the Court of Appeals of Indiana has affirmed.
COA: Admission of parole violation harmless error
A Delaware County man had his murder conviction affirmed after the Court of Appeals of Indiana found the trial court’s admission of a parole violation during trial was an abuse of discretion but a harmless error.
COA reverses, affirms damages for couple over well drilling dispute
A split Court of Appeals of Indiana sorted out a dispute between a Northern Indiana couple and a well-drilling company in a 48-page opinion Friday, reversing some of the damages awarded to the pair but affirming most all others.
Najam formally announces retirement from COA
Court of Appeals of Indiana Judge Edward W. Najam Jr. has officially announced his plans to retire during the summer of 2022.
COA affirms dissolution order despite husband’s arguments
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
IN justices rule probation officers are state employees, must be defended by attorney general
Probation officers are state employees who must be defended by the Indiana attorney general against litigation, the Indiana Supreme Court has ruled, reversing lower court rulings in favor of the state.
COA allows state to prosecute man after federal acquittal on related charge
A trial court erred when it dismissed state charges against a man who was acquitted in federal court on a charge stemming from the same incident, the Court of Appeals of Indiana has ruled.
COA affirms for estate in dispute with former business associate
A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.
Revocation of hospital privileges affirmed against Fort Wayne cardiologist
A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.
Couple facing TPR, felony charges for ‘biblical’ discipline suing DCS, using RFRA as defense
A southern Indiana couple facing both criminal charges and the termination of their parental rights due to allegations of unreasonable discipline against their children are seeking to use Indiana’s controversial Religious Freedom Restoration Act to end, or at least pause, the litigation against them.