Mom not denied due process in TPR case involving unrecorded evidence statements
A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.
Indiana Court of Appeals
Articles
COA reduces 300-year child molesting sentence
A man convicted on numerous counts of child molesting had his 300-year sentence slightly reduced after the Indiana Court of Appeals found no evidence in the record to support one of his convictions.
COA allows Insurance Dept. claim in name of deceased individuals to proceed
A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.
COA again strikes down statute limiting depositions of alleged child sex abuse victims
The Indiana Court of Appeals has once again ruled against a statute limiting the deposition of alleged victims in child molesting cases, finding that the Indiana Trial Rules take precedence over the statute’s procedural elements.
Expelled county councilman loses appeal
A former Starke County Council member who was expelled from public office for allegedly making bigoted statements while attending the Association of Indiana Counties conference in Indianapolis lost his attempt to regain his seat after the Indiana Court of Appeals found his arguments challenging his expulsion were “incomprehensible.”
Lake Co. dad gets new trial after potential landlord denies rental because of kids
A new trial has been ordered for a Lake County father who was refused a rental home after telling the owner that he had children.
Inmate loses appeal after cell block attack
A Madison County prisoner convicted for his role in the battery of another inmate over “street beef” and for attempting to keep the man from testifying could not convince the Indiana Court of Appeals on Tuesday that his two-decade-long sentence should be revised.
Insurance company prevails in appeal of golf cart accident dispute
Two families jointly appealing a ruling that favored an insurance company after one of their children was injured in a golf cart accident did not convince the Indiana Court of Appeals that there was a mistake in the trial court’s decision.
COA affirms custody for mom in Hamilton County divorce dispute
Joint custody was not a good idea for a splitting Carmel family, the Indiana Court of Appeals concluded after finding that the arrangement would have been detrimental to the parties’ young child.
Bail bondsman released from order to repay $20,000 bond
A bail bondsman has been freed from an order to pay up on a $20,000 bond he posted several years ago after the Indiana Court of Appeals reversed upon finding the bond had expired and was no longer forfeitable.
COA again affirms on rehearing in ex-Anthem exec’s suit
Members of the Indiana Court of Appeals haven’t changed their minds in a case involving a firmed Anthem executive’s failed appeal of a jury verdict for the insurance company, granting a rehearing only to clarify its ruling to his raised contentions.
Web Exclusive: Summer allows Hoosier lawyers, judges to enjoy outdoor activities away from the office
Legal professionals are known for working hard and clocking long hours, but sometimes they need a break, too. Three Indiana legal professionals have found their niche outlets, each unique in its own way. But they all have one thing in common — their hobbies keep them outside.
Indiana Court Decisions – July 1-14, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA upholds denial of additional child molesting charges to adult case
Appellate judges have ruled that an Indiana trial court did not err by denying a motion to amend charging information in a Dubois County man’s adult criminal case after he was alleged to have committed numerous acts of child molesting before he was a legal adult.
Biological father wins in stepfather’s bid to overturn paternity, adopt child
A stepfather seeking to vacate a paternity determination and adopt his wife’s child was not permitted to do so after the Indiana Court of Appeals concluded that the biological father’s consent to the adoption was required.
Convicted murderer gets habitual offender status reversed
A Vanderburgh County man convicted of multiple felonies including murder has convinced the Indiana Court of Appeals to overturn his habitual offender adjudication because, in admitting his prior convictions, he did not waive his right to a jury trial.
Appellate court sides with Hoosier father’s requests in out-of-state parenting time dispute
A Michigan mother could not convince the Indiana Court of Appeals on Tuesday to reverse a decision regarding custody, parenting time and child support for her son that granted several request from his father, an Indiana resident.
Appellate court reverses order vacating default judgment nearly 10 years later
The Indiana Court of Appeals has reversed a trial court’s order vacating a nearly decade-old default judgment in a debt collection dispute, finding the debtor’s delay in bringing his fraud allegation was not reasonable.
COA partially reverses to clarify which conviction was enhanced in drunken driving case
A man who drove drunk with his three young grandchildren in the car cannot challenge the validity of his convictions on direct appeal, but the Indiana Court of Appeals remanded Friday so that his habitual vehicular substance offender enhancement could be attached to a specific felony.
COA upholds sentence for overpass felony but splits on Rule 7(B) analysis
A man who threw a bicycle onto a major Indiana interstate has lost his appeal of his five-year executed sentence. However, his case exposed a split among the Indiana Court of Appeals on the proper analysis for determining if a sentence is inappropriate.