Indiana Court Decisions – Jan. 14-27, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
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.
COA affirms for general contractor in Lake County traffic construction dispute
A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.
COA upholds murder, battery convictions under previous, new double jeopardy precedent
A man convicted of murder and battery related to the same incident failed in his double jeopardy argument before the Indiana Court of Appeals, which analyzed both previous caselaw and new double-jeopardy precedent to uphold his convictions.
Judge James Kirsch announces retirement from Indiana Court of Appeals
Veteran Indiana Court of Appeals Judge James Kirsch announced Thursday he will retire this fall, capping a quarter-century on the state’s appellate court bench. Kirsch said in a statement he will continue to serve as a senior judge.
Woman’s PI suit against state after hydroplane crash divides appeals panel
A woman who sued the Indiana Department of Transportation after she was injured in a crash resulting from her vehicle hydroplaning on a northern Indiana highway cannot pursue her lawsuit against the state, a majority of the Indiana Court of Appeals ruled Wednesday. A dissenting judge, however, would reverse and send the matter back to the trial court to hear her claims.
Reversal: Court erred in CHINS findings, placing kids in foster care
An out-of-state father whose children were placed in foster care after one of them was injured during a domestic dispute between their mother and her boyfriend was wrongly denied an opportunity to parent his children, the Indiana Court of Appeals ruled Wednesday.
COA affirms PCR denial after home explosion
A Dearborn County man who detonated a homemade bomb in his own home failed to prevail on his appellate claims for post-conviction relief.
Supreme Court adopts COA ruling, remands to correct improper sentence
The Indiana Supreme Court on Tuesday summarily affirmed a Court of Appeals decision remanding an improper sentence imposed in a drug case but rejected a convict’s argument that he was wrongly denied his request for a speedy trial.
Despite human trafficking victimization, woman’s 14-year sentence upheld on appeal
Despite the trial court’s erroneous failure to consider a woman’s history as a victim of human trafficking, her 14-year sentence on felony charges is not inappropriate, the Indiana Court of Appeals has ruled.
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
COA: Despite waiver in plea, man may appeal allegedly unlawful sentence
A man who waived his appellate rights as part of a plea agreement has been granted permission to appeal his 25-year executed sentence as being contrary to law.