Former Holcomb staffer Lopez appointed to JNC
Gov. Eric Holcomb has appointed Danny Lopez, his former deputy chief of staff, to the Judicial Nominating Commission for the Indiana Supreme Court and the Court of Appeals of Indiana.
Indiana Court of Appeals
Articles
Dollens: DTCI Amicus activity: Summary of key cases in 2021
Although DTCI is unable to become involved in every case in which its participation is requested, the amicus committee and the board of directors carefully consider each request and welcome the chance to work with defense counsel across the state on important issues of Indiana law before Indiana’s appellate courts
COA revives fired Cathedral High School teacher’s lawsuit against Indianapolis Archdiocese
A gay teacher who sued the Archdiocese of Indianapolis after he was terminated from his teaching position at Cathedral High School has been given another chance to make his case after the Court of Appeals of Indiana found the trial court committed reversible error in dismissing the lawsuit.
Portland woman’s conviction upheld in death of child’s father
The Indiana Court of Appeals has upheld the murder conviction of a woman who arranged the killing of her young daughter’s father amid a custody battle over the child.
Appellate court affirms denial of Georgia bank’s motion for dismissal in garnishment case
A Georgia-based bank waived its right to claim the Marion Superior Court lacked personal jurisdiction over a garnishment case after it placed a hold on a bank account and responded to interrogatories without objection, the Court of Appeals of Indiana has affirmed.
COA allows prisoner’s negligence complaint to proceed
The Court of Appeals of Indiana is allowing a negligence complaint by a prisoner against the Indiana Department of Correction to proceed, partially reversing a dismissal by the Perry Circuit Court.
Division of deceased couple’s estate will stand despite omission in COA decision
Despite a portion of a deceased couple’s will being omitted from a Court of Appeals of Indiana opinion, the appellate court’s original decision does not need to be reversed, the COA held in a Tuesday opinion on rehearing.
COA affirms custody, child support awarded to grandmother after child’s father dies
The Court of Appeals of Indiana rejected multiple arguments in a mother’s appeal for the custody of her child Tuesday, affirming the Hancock Superior Court’s ruling that it’s in the best interest of the child to live with his paternal grandmother and that the mother must pay child support despite the child receiving survivor benefits.
Appellate court upholds $80k award for icy slip-and-fall accident victim
A Mooresville apartment complex could not convince the Court of Appeals of Indiana that it was not responsible for the injuries caused to a visitor during an icy slip-and-fall accident on its property.
2-year limit on uninsured motorist claim not against public policy, COA rules
The Court of Appeals of Indiana has affirmed the grant of summary judgment to an insurance carrier that denied a claim for uninsured motorist coverage, finding the claim was untimely and the two-year statute of limitations was not against public policy.
COA: Hospitals not entitled to summary judgment in mental-heath slaying case
The Court of Appeals of Indiana has affirmed the denial of summary judgment for several hospital defendants sued by a woman whose husband was murdered by their mentally ill grandson soon after he was discharged.
Appeals on Wheels set to hit the road for oral arguments
The Court of Appeals of Indiana will hear several oral arguments next week across the Hoosier State.
Murder case against former trooper Camm spotlighted in examination of expert testimony
Former Indiana State Police trooper David Camm, who was exonerated in 2013 after being convicted twice and serving more than 10 years in state prison for the murder of his family, is featured in a new podcast looking at the use of experts in criminal trials.
COA affirms denial of guardianship for 95-year-old veteran but reverses attorney fees award
The Indiana Court of Appeals has affirmed the denial of a guardianship petition for an elderly Vincennes man who revoked a former friend’s position as his power of attorney. However, the appellate court reversed an award of more than $70,000 in attorney fees he requested.
Eminent domain reversed for failure to give proper notice
The Gary Housing Authority, which tried to exercise eminent domain and take a property with an appraised value of $325,000 for $75,000, will have to cancel the demolition crew after the Court of Appeals of Indiana found the agency failed to give at least 30 days’ notice of its plans.
COA denies appeal by man who murdered Goshen College professor
An Indiana man convicted of murdering a Goshen College professor and who also attempted to murder the teacher’s wife should remain behind bars for life, the Court of Appeals of Indiana ruled Wednesday.
Reversal granted for woman in estate heirship dispute
The Court of Appeals of Indiana on Tuesday reversed a decision finding that a woman is not an heir to her grandfather’s estate and should not inherit from him because she failed to provide sufficient evidence to prove her paternity.
COA: Credit union’s arbitration request too late
Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.
COA reverses denied PCR based on counsel’s deficient performance
COA reduces juvenile’s nearly-max adult murder sentence
A nearly maximum adult sentence for a 13-year-old’s murder conviction was an outlier needing leavening, the Court of Appeals of Indiana ruled in a Thursday reversal.