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.
Indiana Court of Appeals
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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.
Faulty translation voids man’s guilty plea in PCR appeal
The Indiana Court of Appeals vacated a man’s guilty plea in a child molestation case Friday, granting post-conviction relief on the basis that he did not receive the assistance of an interpreter to help him understand his rights.
Ruling on appeal reinstates condo owners’ suit alleging faulty construction
Condominium owners in a South Bend complex that they allege was shoddily constructed may pursue their claims against the insolvent developer, the Indiana Court of Appeals ruled, reversing the dismissal of the condo owners’ claims.
ISBA fights legislation to end retention votes, ‘politicize’ appellate bench
A measure that would strip Hoosier voters of the power to retain appellate judges and Supreme Court justices — transferring that authority to the Legislature — has drawn fire from the Indiana State Bar Association, which warned the proposal would politicize the appellate bench and threaten the independence of the judiciary.
Justices rule for company in dispute with ex-officer over share value
A dispute over the valuation of shares has been resolved in favor of a company after the Indiana Supreme Court upheld the discounts that were applied to the valuation. The former company partner who sued previously won a Court of Appeals ruling that increased the value of his shares by more than $1 million.
COA reverses ruling for INDOT, allows negligence case to proceed
Summary judgment for the state on a negligence claim brought by an injured motorist has been reversed after the Indiana Court of Appeals rejected an immunity claim and found that material factual issues remain.
Firearm delinquency adjudication overturned for insufficient evidence
The Indiana Court of Appeals has reversed a delinquency adjudication after determining there was insufficient evidence to prove that a teenager illegally possessed a handgun.