Indiana Court Decisions – April 22-May 5, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
IndyBar Mourns Loss of Past President
The Indianapolis Bar Association is saddened to note the passing of 1990 IndyBar President Don Buttrey. Buttrey passed away on April 24, 2021.
Web Exclusive: COA considering legislation limiting child sex abuse victim depositions
A one-year-old law is before the Indiana Court of Appeals, which is considering whether the Legislature properly placed restrictions on when defense attorneys can take a deposition of a minor child alleged to be a victim of a sex crime.
COA reverses narcotic conviction for insufficient evidence
The Indiana Court of Appeals has vacated a man’s felony conviction for possessing a narcotic, agreeing with both the defendant and the state that the substance found in the man’s possession was not actually a narcotic.
Reversal: Court must hold hearing on neighbor’s protective order request
A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.
Justices reject appeal to make public Indianapolis’ Amazon HQ2 offer
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.
COA rejects challenge to text message evidence, upholds meth dealing conviction
A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.
Insurance covers in wrongful death truck crash, COA rules
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.
Hospital indemnity claim against doctors subject to med-mal act, COA rules
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
NCAA bid to shield executives from concussion suit depositions dismissed
Indianapolis-based NCAA’s appeal seeking to bar depositions of key executives in a concussion-injury lawsuit filed by the estates of former college football players was dismissed Tuesday. A divided Indiana Court of Appeals panel found the appeal untimely.
SCOTUS denies juvenile LWOP sentence appeal in 1994 Ball State murder
The United States Supreme Court waited exactly three years to reject the appeal petition of a defendant sentenced to life without parole for a murder he committed near Ball State University 27 years ago when he was 17.
Attorney suspended 90 days after second domestic violence conviction
A Logansport lawyer who was convicted for a second time of beating his wife will have his law license suspended for 90 days with automatic reinstatement, the Indiana Supreme Court has ruled.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
Reversal erases partial judgment for U.S. Steel in mechanic’s lien dispute
A trial court erred in partially ruling for U.S. Steel in a dispute among material suppliers and contractors who built a now-defunct Gary industrial facility, the Indiana Court of Appeals held Monday.
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.
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.