COA to hear argument in Gary sanctuary city lawsuit
A Gary ordinance intended to welcome residents regardless of immigration status has caused a legal stir in the community and is headed to the Indiana Court of Appeals for review next week.
Indiana Court of Appeals
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COA: Marijuana smell not enough for probable cause in juvenile’s handgun possession arrest
The Indiana Court of Appeals reversed Friday a delinquent finding for possession of a handgun after law enforcement searched a teen during a traffic stop when they smelled marijuana, ruling the odor wasn’t enough to establish probable cause for the juvenile’s arrest.
Protective order affirmed for child against mom’s former boyfriend
The Indiana Court of Appeals on Tuesday upheld a protective order requested by a father on behalf of his son after a domestic incident occurred with his mother’s former boyfriend that left the kid with a bloodied nose.
COA: $475k purchase price reasonable for Hamilton County utility acquisition
Two Hamilton County wastewater companies can move forward with their acquisition deal costing the significantly larger entity hundreds of thousands of dollars, the Indiana Court of Appeals has affirmed.
Retiring COA judge Kirsch certified as senior judge
After serving for more than 25 years on the Indiana Court of Appeals, Judge James S. Kirsch is moving on. The Indiana Supreme Court handed down an order Wednesday giving senior judge status to Kirsch, who announced his retirement in January.
Justices: Officers that detect odor of raw marijuana may establish probable cause based on ‘training and experience’
If a law enforcement officer believes they smell raw marijuana based on prior training and experience, they may establish probable cause for a search warrant based on that training and experience, the Indiana Supreme Court has ruled on an issue of first impression.
COA finds speedy-trial rights not violated in Johnson Co. robbery case
The Indiana Court of Appeals has dismissed a man’s interlocutory appeal arguing his Sixth Amendment rights were violated after it found the defendant was partially responsible for the delay in his trial and there wasn’t enough evidence to conclude official negligence by the state.
Supreme Court grants transfer in 3 cases, including NCAA concussion-injury lawsuit
The Indiana Supreme Court granted transfer to three cases last week, including the case in which the NCAA sought to keep its executives from sitting for depositions in a concussion lawsuit.
Justices: Teen injured in crash failed to mitigate damages, but trial court erred in damages reduction
Two former classmates battling in court over damages stemming from a 2016 car accident each took home a partial victory from the Indiana Supreme Court on Tuesday.
Weissmann celebrates life’s ‘authors’ at robing ceremony
Almost a year after being sworn into the judiciary, a robing ceremony was held for Indiana Court of Appeals Judge Leanna Weissmann on Aug. 26.
Web Exclusive: Women appellate judges widen the road for future judiciary
Indiana’s women appellate judges gathered for a celebration at an Indiana State Bar Association event last month to reflect on the history and significance of the 19th Amendment’s 100th anniversary.
Indiana Court Decisions – Aug. 12-25, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Kirsch preparing for COA retirement
Indiana Court of Appeals Judge James Kirsch will soon have to put all of his accolades into boxes, as Kirsch is preparing to vacate his position on the appellate bench — a role he’s held for more than 25 years.
Molter joins COA after years of appellate practice
While Derek Molter and his forebearers have accomplished much over the last century, he will now further his family’s legacy in law by joining the Indiana Court of Appeals as its newest judge.
Justices uphold distinction between active, passive fraud, find in favor of clinic after missed diagnosis
The Indiana Supreme Court has reinstated judgment in favor of a now-defunct clinic that missed a woman’s hepatitis C diagnosis, finding that the patient’s medical malpractice claim was untimely.
COA reverses informal adjustment order
A trial court was without statutory authority when it ordered a father to participate in an informal adjustment without his consent, the Indiana Court of Appeals has ruled.
COA: Insurer has duty to defend bars and owners following vehicle accident
Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.
COA divided over mother’s gender-marker change request for transgender son
A split Indiana Court of Appeals panel upheld Monday the denial of a mother’s petition asking for a gender marker change for her transgender son on his birth certificate, finding sufficient evidence wasn’t provided to prove the change was in the child’s best interests.
Robing ceremony held for COA Judge Weissmann
Almost a year after being sworn into the judiciary, a robing ceremony was held for Indiana Court of Appeals Judge Leanna Weissmann.
7th Circuit rules district court had jurisdiction over dispute previously decided in state courts
An Indiana federal court has jurisdiction over a dispute between a northern Indiana apartment owner and city officials, even though that dispute was already adjudicated in state court, the 7th Circuit Court of Appeals ruled Wednesday.