Lake Co. must pay probation officers’ legal expenses, COA rules
Lake County must foot the bill for legal expenses incurred by two probation officers in a federal lawsuit brought by a probationer, the Indiana Court of Appeals has ruled.
Indiana Court of Appeals
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Appellate court affirms denial of defendant’s motion for release pending resolution
A defendant whose motion for a continuance delayed his trial for nearly a year was not entitled to release from jail under Criminal Rule 4(A), the Indiana Court of Appeals ruled Friday.
Six-day delay in initial appearance was improper, but prejudice not shown, COA rules
Although a trial court should not have allowed a six-day delay in a defendant’s initial appearance, the Indiana Court of Appeals upheld the denial of the defendant’s motion to reduce bail because he did not establish prejudice. A concurring judge, however, cautioned that restraint should be used when “extending” Supreme Court precedent.
COA upholds felony domestic battery conviction for man who made wife ‘see stars’
A man convicted of felony domestic battery against his wife failed to convince the Indiana Court of Appeals that his wife did not suffer “moderate bodily injury” raising his crime to a felony level.
Security guard acquitted of murder in Indianapolis apartment shooting
An Indianapolis security guard who shot and killed a woman in her car has been found not guilty of murder.
Despite residency challenge, COA upholds results of Vigo Co. treasurer election
Despite having a Florida driver’s license and recently voting in an out-of-state election, the candidate for Vigo County treasurer who ousted the incumbent met the residency requirements to hold local Indiana office, the Indiana Court of Appeals has ruled.
COA reverses CHINS finding based on ‘exaggerated’ evidence
A CHINS finding against a Hendricks County girl was reversed Thursday after the Indiana Court of Appeals found determined the underlying evidence had been “exaggerated.”
Justices to hear arguments in tax jurisdiction case but deny another argument to IBM litigation
The Indiana Supreme Court will hear arguments in a case involving the dismissal of assessment challenges filed by multiple homeowners associations. However, the court has declined to hear arguments again in a dispute between the state and IBM Corp. over a broken contract.
COA: Landowners violated ordinance by building ‘pond,’ but attorney fees not supported in ordinance
Two homeowners who built a pond in an airport district without a permit violated a local ordinance, the Indiana Court of Appeals ruled Wednesday, affirming judgment in favor of the local plan commission. However, an award of nearly $8,000 in attorney fees for the commission must be vacated.
In third appeal of burglary case, COA rules released defendant can’t be resentenced
Taking his case to the Indiana Court of Appeals for a third time, a man who served his sentence for burglary convictions and was released will not return to prison after the appellate court determined the trial court lacked authority to order the man’s resentencing.
Indiana Court decisions – April 8-21, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA affirms for Michigan City in property fraudulent transfer dispute
An appellate panel has sided with a northern Indiana city involving its attempts to satisfy default judgments against a family for incurred and future investigation and remediation costs associated with a property they own where a manufacturing facility was once located.
Justices overturn ruling to pay contractor after bank acquired business
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
COA: Guardian can deposit check but not exercise estate planning
Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.
COA rules for property owners in easement dispute with hunting club
A Dearborn County hunting club can’t use an easement to access its business, the Indiana Court of Appeals ruled, affirming a judgment for adjoining property owners who claimed the club violated the terms of the easement.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
JNC to interview candidates to succeed Kirsch on COA in May
All 23 lawyers and judges who applied to succeed Judge James Kirsch on the Indiana Court of Appeals will be interviewed by the Indiana Judicial Nominating Commission next month.
Justices to hear in-person arguments next week
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
Foreclosure case remanded over statutory violation
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.