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.
Indiana Court of Appeals
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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.
Indiana Supreme Court opens ICLEO applications
The Indiana Supreme Court has opened applications for the 2021 Indiana Conference for Legal Education Opportunity program serving student groups that are traditionally underrepresented in law school.
COA remands probation revocation based on ‘imprecise’ evidence
An order that a Delaware County man serve nearly 17 years in the Department of Correction following technical probation violations has been reversed, with the Indiana Court of Appeals remanding for a resentencing not based on “imprecise” evidence.
Bill removing lawyers from Lake, St. Joseph judicial panels draws more fire
Efforts to amend a bill that would fundamentally change the composition of the judicial nominating commissions in Lake and St. Joseph counties failed in the Indiana House on Tuesday, setting up the controversial legislation for a possible final House vote next week.
Fowl investment gone foul leads to reversal at COA
Despite ruffled feathers among parties involved in a bird investment project, a nearly $40,000 judgment for the investor has been reversed after a split Indiana Court of Appeals determined the trial court applied the wrong law in awarding relief.
Divided 7th Circuit reverses, lets Jackson County Courthouse Nativity stand
Lifting an injunction issued by a federal court, a divided panel of the 7th Circuit Court of Appeals on Wednesday ruled that a Nativity scene on the grounds of the Jackson County Courthouse in Brownstown is not unconstitutional under a 2019 case decided by the U.S. Supreme Court.
Appeals panel orders sentence reduced in fatal neglect case
The Indiana Court of Appeals on Wednesday ordered a reduction in the sentence of a woman convicted of neglect resulting in the death of two of her children, finding the offense is not a crime of violence as defined by statute.
‘Hemp argument’ deemed waived in search challenge on appeal
A defendant’s argument that evidence of marijuana admitted in court was fundamental error because a police officer failed to show he was qualified in distinguishing between the odor of pot and legal hemp was too far out for the Indiana Court of Appeals.
Indiana Court Decisions – Jan. 14-27, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Bill to alter Lake, St. Joseph judicial selection rankles local bench, bar
Legal professionals in Lake and St. Joseph counties are raising serious concerns about advancing legislation that would change the structure of the local judicial nominating commissions that shape the state trial court judiciary in the northern Indiana counties.
Applications available for 2021 ICLEO program
The Indiana Court of Appeals announced applications are now available for the 2021 Indiana Conference for Legal Education Opportunity program. The program aims to help bring diversity to the legal profession and is designed to assist traditionally underrepresented groups in pursuing a legal career.
COA dismisses as premature appeal in breach-of-contract suit
The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.