Indiana Court Decisions – July 29-Aug. 11, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Molter continues family legal legacy on Court of Appeals
Private practitioner Derek Molter has been chosen as the newest Indiana Court of Appeals judge. Indiana’s governor selected Molter, a partner at Ice Miller LLP and a leader of the firm’s appellate practice, to succeed Judge James Kirsch, who is retiring from the 15-member Indiana Court of Appeals in September.
Wife loses appeal of divorce rulings at COA
The Indiana Court of Appeals has affirmed the resolution of a lower court, despite an ex-wife’s claims that the trial court made multiple errors, in a divorce case on Tuesday.
COA says state can halt enhanced unemployment benefits
A decision issued Tuesday by the Indiana Court of Appeals is allowing the state to again stop the federally enhanced unemployment benefits which Gov. Eric Holcomb had tried to end in June, saying the extra money was hurting the Hoosier economy by encouraging workers to stay out of the job market.
COA upholds Portland man’s conviction in scalding of boy
Indiana’s appeals court has upheld a man’s conviction for causing serious burns to a 5-year-old boy by forcing the child’s hands into scalding water.
Robing ceremony set for Judge Leanna Weissmann
A ceremony celebrating the addition of Judge Leanna Weissmann to the Indiana Court of Appeals will take place next week.
New York relatives lose appeal to adopt Madison Co. kids
Two Madison County minors will remain in the custody of their grandparents after out-of-state relatives failed in their appeal of an adverse judgment in their adoption case.
Resisting convictions overturned for evidentiary errors
A man convicted of two counts of resisting law enforcement has won a reversal after the Indiana Court of Appeals found that certain evidence admitted at trial constituted reversible error.
COA affirms criminal recklessness conviction after woman shot neighbor’s home
An Evansville woman who took several shots at her ex-friend’s home in the middle of the night could not convince the Indiana Court of Appeals that her conduct wasn’t criminal recklessness.
COA: No error in detaining teen during competency restoration after attacks on mom
A Marion County court wasn’t in the wrong when it ordered a teenage girl to be detained while she received competency restoration services following numerous acts of domestic battery and criminal recklessness against her mom, the Indiana Court of Appeals has ruled.
COA: Search warrant not defective, but drug possession conviction reversed on double jeopardy
A search warrant that led to dealing and methamphetamine use convictions for a DeKalb County man was not defective, the Indiana Court of Appeals has ruled. But one of his convictions was reversed on double jeopardy grounds.
Molter selected to succeed Kirsch on COA
Derek Molter, leader of Ice Miller’s appellate practice, has been chosen as the newest Indiana Court of Appeals judge, Gov. Eric Holcomb announced in a special ceremony Thursday morning.
COA: Bail bondsmen prevail in slaying of Kosciusko County man with outstanding charges
Two parents seeking justice for their son after he was shot and killed during an attempt by bail bondsmen to apprehend him at their home did not sway an Indiana Court of Appeals decision that ruled for the bail bond company.
COA again knocks down law limiting deposition of alleged child victims
For at least the fourth time, the Indiana Court of Appeals has found a law passed by the Indiana General Assembly in 2020 which limited defendants’ ability to depose alleged victims of molestation “impermissibly conflicts” with the Indiana Rules of Trial Procedure.
COA: Expired prescription doesn’t support narcotics possession conviction
A woman who still had Oxycodone pills after her prescription had expired should not have been convicted for possession of a narcotic drug, the Indiana Court of Appeals has ruled.
Heavy-hitter women judges to be honored at ISBA 19th Amendment event
Past and present female judges from across the state will gather this month at an Indiana State Bar Association event to reflect on the history and significance of the 19th Amendment.
Knox Co. teen who sent threatening social media message loses appeal of delinquency adjudication
A Knox County teenager who sent a threatening social media message to numerous middle school students involving guns will retain a delinquency adjudication for felony intimidation, the Indiana Court of Appeals ruled Wednesday, though a misdemeanor adjudication was vacated on double jeopardy grounds. The appellate court declined to dismiss the message as a “juvenile antic” in light of the numerous American school shootings in recent years.
Indiana Court Decisions – July 15-28, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA Judge Vaidik recovering, returning to work
Indiana Court of Appeals Judge Nancy Vaidik has resumed her caseload and is expected to attend upcoming court events after being injured while bicycling near her home in Porter County earlier this summer.
Parties in enhanced unemployment payment dispute argue ‘irreparable harm’ in COA briefs
A group of Hoosier workers and the state of Indiana are arguing over who will be hurt worse in the continued dispute over the flow of federal enhanced unemployment benefits that is now before the Indiana Court of Appeals.