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.
Indiana Court of Appeals
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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.
Appellate court allows appeal of pandemic unemployment benefits denial to proceed
An Indiana woman may administratively appeal the denial of her application for pandemic unemployment benefits, the Court of Appeals of Indiana ruled after the Department of Workforce Development failed to present evidence challenging the timeliness of the appeal.
COA: No error in failure to preserve syringe for jury trial examination
A man was not denied due process when a syringe found in his car was not preserved for examination during a jury trial against him, the Court of Appeals of Indiana has ruled.
COA: Trial court didn’t err when modifying parenting time based on basketball schedule
A parenting time modification that was granted to accommodate a teen’s summer basketball schedule was not an abuse of discretion by the Johnson Circuit Court, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions – Jan. 27-Feb. 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA invites justices to ‘dispel confusion’ in medical privacy case
A woman claiming she experienced invasion of privacy after someone other than her doctor accessed her medical records and shared them with her employer did not sway the Court of Appeals of Indiana differently on its second time hearing the case.
COA affirms guardianship of teen to grandparents
A couple has secured guardianship over their teenage granddaughter after the Court of Appeals of Indiana expressed concern about whether the child would be safe in her mother’s care.
No constitutional violation when defendant ordered to smile for jury, COA rules
The Wells Circuit Court didn’t violate a methamphetamine dealer’s Fifth Amendment rights when it ordered him to show his teeth to a jury to demonstrate he was the same person that was in an incriminating video, according to the Court of Appeals of Indiana.
COA: Family can keep title by adverse possession of lakefront walkway
A family that has used and maintained a walkway to access a lake near their home for more than 60 years may keep a newly awarded fee simple title by adverse possession, the Court of Appeals of Indiana has affirmed.
Traveling actor didn’t meet criteria to receive CARES benefits, COA affirms
A self-employed traveling actor from New York shouldn’t have received pandemic unemployment assistance in Indiana via the CARES Act, the Court of Appeals of Indiana has affirmed, but not because of where her last employer was located.
Zionsville mayor can’t demote fire chief without town council’s approval, COA affirms
The mayor of Zionsville cannot unilaterally demote the town’s fire chief without approval from the town council, the Court of Appeals of Indiana has affirmed.
COA: Wife charged with murder may use effects-of-battery evidence in self-defense claim
The Court of Appeals of Indiana has reversed an interlocutory appeal for a woman charged with murdering her husband, finding that she may use effects-of-battery evidence in her self-defense claim.
Justices grant transfer in computer trespassing case, split in denial of several others
Indiana Supreme Court justices have declined transfer to more than a dozen cases, splitting in their decisions for several of them. However, the high court agreed to hear one case involving computer trespassing.
Supreme Court affirms trial court’s denial of bail modification for teen
Upholding the trial court’s refusal to reduce the bond or grant conditional release to a teenager connected to a home invasion, the Indiana Supreme Court has also chided the Court of Appeals of Indiana for reversing the trial court and issuing a ruling that required the teen to be released immediately.