COA reverses denied expungement for Elkhart County man
A man who was denied a petition to expunge his criminal record had the pendulum swing in his favor on Tuesday after an appellate panel reversed to grant his expungement request.
Indiana Court of Appeals
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COA reinstates small claims case after COVID cancelation of vacation
A small claims case arising from a COVID-canceled vacation will return to the trial court after the Indiana Court of Appeals found dismissal was improper.
Appellate courts to hear med-mal, disability cases next week
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
Grandparent visitation order remanded in dispute with guardians
A court order granting a Johnson County grandmother overnight visitation with her 4-year-old grandchild lacked the required statutory findings to support it, but the Indiana Court of Appeals in a first-of-its-kind ruling involving a child’s guardians found enough evidence to let the order stand while remanding for more conclusive findings.
ISBA opposes bill to change judicial selection in Lake, St. Joseph counties
For the second time this year, the Indiana State Bar Association is publicly opposing legislation targeting judicial selection in Indiana, this time speaking against a bill that it says would “unnecessarily change a working system” for judicial selection in Lake and St. Joseph counties.
Appeals court rejects bid to cut 120-year sentence in Gary double-slaying
A Gary man convicted of a 2003 double-murder failed to convince an appeals panel that his 120-year sentence should be reduced. The Indiana Court of Appeals rejected the arguments Wednesday.
COA upholds denial of grandparents’ adoption petition
A request by grandparents to adopt a grandson found to be a child in need of services was properly denied, the Indiana Court of Appeals ruled Wednesday, upholding a trial court’s determination that adoption was not in the child’s best interests.
Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection
By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.
Appellate court rules for insurer in coverage dispute
Summary judgment has been upheld for an insurer who denied coverage on the basis of an invalid lease, even though the insurer had partially granted coverage when the claim was originally filed.
Appellate court increases attorney fee award in second appeal of employment dispute
The former employee of a medical device manufacturer has once again prevailed in a years-long employment case, with the Indiana Court of Appeals ordering an increase in the amount of attorney fees the employer must pay its former employee.
HOA tax refund dispute to stay in trial court for now, COA rules
Despite being based in Indiana tax law, a motion to compel Marion County taxing officials to rule on refund requests by two homeowners associations must continue in trial court until a final determination on the refunds is reached.
COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.
COA overturns forfeiture judgment, but splits on allowing owners to use seized cash for defense
Summary judgment for the state has been overturned in an action seeking to forfeit nearly $9,000, with a majority of judges holding that owners of seized property can used seized cash to help fund their defense. A dissenting judge, however, thinks that ruling exceeds statutory limits.
Court wrongly denied pretrial home detention, COA rules
An 18-year-old woman who allegedly drove a getaway car for accomplices involved in an armed burglary was wrongly found to be a risk to the safety of the alleged victim, the Indiana Court of Appeals ruled Monday. The panel ordered the teen remain held on pretrial home detention with GPS monitoring.
Convicted molester fails to show victim’s testimony was incredibly dubious
The Indiana Court of Appeals affirmed a Morgan County man’s child molestation conviction Thursday, rejecting his argument that the victim’s testimony was incredibly dubious.
State argues against new trial for man freed in 2002 Elkhart killing
It’s been more than 15 years since Andrew Royer was convicted of an Elkhart County murder and more than nine months after he was freed due to concerns over his confession and other evidence, but his case is not over yet. Instead, it’s back at the Indiana Court of Appeals, where the state is asking for the reversal of an order giving Royer a new trial.
Man loses appeal over anger management probation condition
Even though a man whose guilty plea in a domestic violence case contained no terms requiring him to participate in anger management classes, a court that ordered them as a term of probation was within its rights to do so, the Indiana Court of Appeals ruled Thursday.
COA orders new hearing on $32K civil forfeiture
A Hancock County trial court must revisit the forfeiture of more than $32,000 related to a marijuana bust after the Indiana Court of Appeals found errors in various evidentiary rulings.
Justices to hear case ordering confidential informant to sit for defense interview
An order requiring a confidential informant to sit down for a face-to-face interview with defense counsel will be reviewed by Indiana’s highest court after justices granted transfer to the Marion County case.
State challenging wrongful conviction ruling to Court of Appeals
The state of Indiana will ask the Indiana Court of Appeals this week to reinstate a murder conviction against a mentally disabled man who won post-conviction relief 15 years after his initial conviction.