Indiana Court Decisions – July 1-14, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
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.
Appeals court: Indiana must resume unemployment benefits
The Indiana Court of Appeals ruled Monday that the state must temporarily continue payment of federal unemployment benefits, affirming an earlier court order that Indiana must restart the extra $300 weekly payments to unemployed workers.
Teen delinquent sent to adult court for child molesting loses appeal of juvenile court waiver
A man who as a minor was found to be a delinquent for multiple acts of sexual misconduct against children has lost his appeal of the waiver that sent him into adult court when he was 17.
Appellate court declines to issue ‘advisory’ opinion in estate dispute
The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.
COA vacates judgment for hospital, dismisses sepsis theory in widow’s med-mal complaint
A sepsis theory included in a widow’s medical malpractice claim has been ordered dismissed by the Indiana Court of Appeals after it found a Steuben County court lacked jurisdiction to enter partial summary judgment on that portion of the claim.
COA: Hendricks County excavating business gets reversal in alter ego dispute
The Indiana Court of Appeals has reversed a trial court ruling by finding against a Hendricks County excavating business that tried to benefit from family ties to escape liability after excavators abandoned and left incomplete the installation of a safe room in a homeowner’s residence.
Indiana Court Decisions – June 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
‘Private right of action’ at heart of unemployment dispute
Before the Indiana Court of Appeals, the governor and a group of unemployed Hoosiers are sparing over whether a state statute is intended to cover the extra unemployment payment provided by Congress to buoy those who lost their jobs as a result of the pandemic.
COA tightens deadline in enhanced unemployment benefits dispute
The Indiana Court of Appeals is allowing the state to proceed with its attempt to overturn a Marion Superior Court ruling reinstating enhanced unemployment benefits and is moving to expedite when it will issue a ruling in the matter.
Buyer prevails in tax sale dispute with mortgage holders
A financial group has secured a reversal in its favor from the Indiana Court of Appeals after its originally successful bid at a tax sale went south.
COA rules for Tippecanoe School Corp. in expansion dispute with local landowners
A Tippecanoe County school corporation received a favorable ruling from the Indiana Court of Appeals on Monday in its bid to turn local farmland into a new middle school.
Appellate court remands for mother in grandparent visitation dispute
The Indiana Court of Appeals has agreed with a Hamilton County mother who argued that grandparent visitation granted to her late husband’s parents was not supported by adequate findings.
COA allows defendant to take deposition of alleged child sex abuse victim
Following a recent decision that struck down a law limiting when defendants can take the deposition of an alleged child sex abuse victim, the Indiana Court of Appeals has once again allowed a defendant accused of child sex crimes to take the deposition of his accuser.