Hefty sentence, convictions upheld for accomplice in Avon pharmacy robbery
A man considered to be an accomplice of an armed pharmacy robber could not convince the Indiana Court of Appeals on Tuesday that his decades-long sentence was inappropriate.
Indiana Court of Appeals
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COA majority holds Clark Co. REMC breached insurance contract, but dissent finds ‘logical fallacy’
A local utility breached its contract with its former directors when it revoked their health insurance coverage, a majority of the Indiana Court of Appeals has ruled. A dissenting judge, however, found that the majority engaged in a “logical fallacy” in holding that the utility was obligated to continue providing coverage to the plaintiffs.
COA reverses child’s name change, father’s child support obligation
The Indiana Court of Appeals has remanded a divorce dispute after finding that the trial court erred in legally changing a child’s name and in calculating the father’s child support obligation.
Man found staggering in road loses public intoxication appeal
A man arrested after being found stumbling in the middle of the road could not convince a panel of the Indiana Court of Appeals that there was insufficient evidence to support his public intoxication conviction.
Mom loses appeal of denied relocation petition
A Dubois County mother who wanted to move with her child to New Mexico has lost her appeal of the denial of her relocation petition.
Ruling for homeowner in quiet title action after bankruptcy vacated
An Indiana trial court order in favor of a Hammond homeowner in her quiet title action following a bankruptcy was vacated Friday by the Indiana Court of Appeals, which found the trial court lacked jurisdiction.
Reversal reinstates INDOT revocation of Hamilton County billboard permit
The Indiana Department of Transportation was within its authority to revoke longstanding permits for nonconforming billboards along State Road 32 in Hamilton County, an appeals court ruled, reversing regulatory and trial court rulings in favor of the billboard owners. A trade group had warned such a ruling could lead to billboard permit revocations “any time, for any reason.”
1 of 2 arson convictions vacated for man who burned parole office
A man who set fire to a government building to destroy evidence of pornography constituting parole violations will have one of his arson convictions vacated after the Indiana Court of Appeals used recent caselaw to find a double jeopardy violation.
Justices: Juvenile convicted of attempted murder failed to show parent ‘essential’
When juvenile defendants are tried in adult court, parents who are also witnesses may be excluded from witness-separation orders if their children establish them as “essential” to the presentation of evidence, the Indiana Supreme Court has ruled. However, applying that holding to the facts of the case before them, justices concluded an Elkhart County teen failed to establish his mom was “essential” to his attempted murder defense.
Appellate panel upholds child molesting conviction despite evidence error
Despite the erroneous admission of evidence related to pornography, a Huntington County man is not entitled to a new trial on his child molesting conviction, the Indiana Court of Appeals has ruled.
COA upholds admission of medical bills in $0 pain-and-suffering verdict
Evidentiary rulings that led to a $0 jury verdict for a man who was injured in a car crash were upheld Wednesday by the Indiana Court of Appeals. The case drew participation from the Indiana plaintiff and defense bars.
Justices agree to hear appeal in Menards negligence dispute
A ruling from the Indiana Court of Appeals that partially entered judgment in favor of a Menards store in a customer’s personal injury suit will go before the Indiana Supreme Court after the justices granted transfer to the case last week.
Lake, St. Joseph judicial selection bill set for hearing Wednesday
Legislation that has drawn fire from bar associations and members of the legal community who say proposed changes to judicial appointments would politicize the trial court benches in Lake and St. Joseph counties will be heard Wednesday by a Senate committee.
COA rejects vagueness, sufficiency arguments against domestic violence conviction
The Indiana Court of Appeals has upheld a domestic battery conviction against a man who claimed he wasn’t actually married to his victim. The panel also rejected arguments that the statute was unconstitutionally vague.
Indianapolis loses appeal of order to permit Hustler Hollywood store
The city of Indianapolis has lost its appeal in years-long litigation against Hustler Hollywood, which has been trying for more than four years to open a store in the Circle City. The Indiana Court of Appeals on Friday upheld a lower court ruling ordering the city to issue permits to the adult entertainment company.
Woman denied counsel gets new trial on marijuana charge
A woman whose request for appointed counsel was denied will receive a new trial on her misdemeanor marijuana conviction after the Indiana Court of Appeals determined her constitutional right to counsel was violated.
IU wins reversal in students’ mold-infestation lawsuit
Indiana University Bloomington claimed a victory in the legal fight over mold infestation in dorms, convincing the Indiana Court of Appeals to overturn the denial of the school’s summary judgment motion on all tort claims brought by the affected students.
Letter to the editor: Proposed changes to merit selection may prove judicious
Your publication recently printed an article discussing the Indiana State Bar Association’s objections to Indiana Senate Joint Resolution 16. The bar association’s complaint about SJR 16, and the slant of the article, is that the resolution proposes to “strip” Hoosier voters of the power to retain Indiana appellate court judges and Supreme Court justices. I do not believe that complaint is well-founded.
Indiana Court Decisions – Feb. 25-March 10, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Parole revocation affirmed for molester after ‘unapproved’ relationship
A man whose parole from a child molesting sentence was revoked after he had an “unapproved romantic relationship” lost his appeal Tuesday, with the Indiana Court of Appeals holding he confused the conditions of parole and probation revocation.