Cloverdale Holiday Inn wins easement dispute over signage
A Putnam County flooring business couldn’t win against a neighboring hotel in an easement dispute involving a sign the company argued was a burden to its property.
Indiana Court of Appeals
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Split COA rules for Michigan City on injured cyclist’s negligence claim
A split Indiana Court of Appeals panel has affirmed judgment for Michigan City after a cyclist was injured on a city street, finding the city was immune from the cyclist’s negligence claim. A dissenting judge, however, would have reversed on the issue of immunity.
Officers’ request to see identifying logo not an ‘illegal search,’ COA rules
A man convicted of multiple felonies after using counterfeit money at a drug store failed to convince the Indiana Court of Appeals that an officer’s request to see an identifying logo on his clothes violated his constitutional rights.
Dudley, Molter, Welch named finalists for COA vacancy
Madison Circuit Court Judge Mark K. Dudley, Ice Miller partner Derek R. Molter and Marion Superior Judge Heather A. Welch have been selected as finalists to fill an upcoming vacancy on the Indiana Court of Appeals.
Indiana Court Decisions – May 20-June 2, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA: Bailment applies in business arrangement gone bad
Despite the pro se defendant claiming he had never heard the word “bailment,” the Indiana Court of Appeals found he became the bailee when he threatened to shoot his friend and pseudo-tenant in a dispute that started with the purchase of a brand new motorcycle.
COA rules pharmacy board’s reach does not extend to expired licenses
Foreseeing the potential for corrupt pharmacists to avoid discipline by letting their licenses expire, the Indiana Board of Pharmacy argued it had the authority to revoke expired licenses, but the Indiana Court of Appeals ruled the board does not have the power under state statute to pull a lapsed license.
COA Judge Vaidik in stable condition after ‘serious’ weekend injury
Indiana Court of Appeals Judge Nancy Vaidik is in stable condition after being “seriously injured” on Sunday.
Gary woman to be resentenced in fire deaths of 2 children
A Gary woman whose prison sentence was thrown out on appeal in a 2018 apartment fire that killed two of her children will be resentenced this month to no more than 42 years in prison.
Shelbyville man’s corrupt business influence conviction divides COA panel
Indiana Court of Appeals judges split in a decision regarding low-level drug offenses after a Shelbyville man selling meth to someone undercover was convicted of corrupt business influence.
Suspended lawyer handed harsh words from COA for frivolous filings in IU case
The Indiana Court of Appeals has cut off the tap for a suspended attorney who it says has acted as a broken faucet of frivolous filings for far too long concerning injuries he claimed to sustain after falling at Indiana University, despite an earlier dismissal from the court.
COA upholds validity of parents’ consent to adoption, despite protests
Monroe County parents protesting the adoption of four of their 14 children could not sway the Indiana Court of Appeals that they were acting with the kids’ best interests in mind by seeking to withdraw their consents to adoption.
Health care entities win at COA in Notre Dame med-mal dispute
The Indiana Court of Appeals has affirmed judgment in favor of several health care entities that operate a wellness center at the University of Notre Dame, despite a woman’s fight for her husband who was paralyzed soon after being treated there as an employee.
Appellate court upholds 30-year sentence for babysitter in infant’s death
A decades-long sentence will stand for a northeastern Indiana babysitter who lied to police about knowing what caused the fatal injuries to a baby in her care who later died following a brain bleed.
Justices consider failure-to-mitigate defense in car crash damages dispute
A dispute over damages stemming from a high school car accident largely comes down to one question: Did the injured teen make her concussion worse by not following post-concussion “protocols”?
COA upholds child molesting convictions but tosses confinement conviction as double jeopardy
A Marion County man who molested a preteen girl failed to persuade the Indiana Court of Appeals that two of his child molesting convictions violated double jeopardy protections, though the appellate court did agree to vacate a lesser conviction of criminal confinement on double jeopardy grounds.
COA reinstates case alleging Crawford County clerk withheld public records
Rebekah Atkins had filed a complaint alleging the Crawford County clerk was creating fake court records pertaining to Atkins’ identity and, along with the clerk’s office and its employees, was denying Atkins access to records she claimed belonged to her.
Parents’ consent to adoption not required, COA affirms
A mother and father with lengthy criminal records and a history of instability did not have to consent to the adoption of their daughter, the Indiana Court of Appeals affirmed.
Supreme Court to hear arguments in classmates’ personal injury damages dispute
The case involved the amount of damages Sydney Renner was entitled to after a 2016 accident that left her with a concussion.
Son loses appeal of felony battery conviction against mother
The case stems from a physical altercation between Michael McMillen and his mother, Leshia Beers, in their Lafayette home in February 2020.