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.
Indiana Court of Appeals
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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.
Appellate panel denies targeted approach in criminal recklessness ruling
A LaPorte County man who fired a shotgun into a pickup truck then argued his action did not trigger precedent was unable to get the Court of Appeals of Indiana to narrow the scope of the previous ruling and overturn his felony conviction.
Appellate court upholds revocation of home detention following failed drug test
A man who violated the terms of his plea agreement within one month of sentencing has failed to convince the Court of Appeals of Indiana that the trial court erred in revoking his placement on home detention in favor of an executed sentence.
COA reverses for Madison man removed from community boards by mayor
A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.
Legislators honor COA Judge Najam ahead of retirement
State legislators honored longtime Court of Appeals of Indiana Judge Edward W. Najam Jr. for his decades of service last week in anticipation of his upcoming retirement.
Court rejects CenterPoint’s billing method for solar power
The Indiana appeals court has ruled in favor of consumer advocacy groups that challenged a change in the way a southwestern Indiana utility bills customers who have solar panels.