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.
Indiana Court of Appeals
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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.
Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA: Suit against stepmother’s estate wrongly dismissed
A lawsuit brought against the estate of a deceased woman by her stepchildren has be reinstated by the Court of Appeals of Indiana after it found the dismissal of their suit was wrongly evaluated under Trial Rule 12.
Justices order for resentencing of drunken driver
A Logansport man who was charged with drunken driving without a license with his three young grandchildren in his vehicle will be resentenced after the Indiana Supreme Court found “multiple irregularities” in his original sentencing.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
COA affirms felony auto theft conviction, habitual offender finding
A Lawrence County man has failed in his bid to overturn his auto theft conviction and habitual offender status, despite his argument that the ruling produced an improper double enhancement.
COA partially reverses for defendant in fees and costs dispute
A Bloomfield woman has secured a partial reversal from the Court of Appeals of Indiana on the assessment of her fees and costs for her crime of failing to comply with compulsory school attendance law.
COA upholds denial of guardianship petition filed by child’s de facto guardians
The Court of Appeals of Indiana has affirmed the denial of a couple’s petition for guardianship of a child for whom they served as de facto custodians, finding that guardianship was not in the child’s best interests.
False-statement conviction vacated for double jeopardy after woman falsified form to recover grandfather’s handgun
A woman who provided false information on a document to recover a handgun she had pawned was wrongly convicted on double jeopardy grounds, according to the Court of Appeals of Indiana. However, one of the woman’s two felony convictions will not be vacated.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA affirms expungement denial following remand from Supreme Court
The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.
Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.