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.
Indiana Court of Appeals
Articles
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.
Ex-Boone County pediatrician convicted of molesting patients loses appeal
A former Boone County pediatrician convicted on multiple charges of sexual misconduct against his minor patients has lost his appeal of his felony convictions and his consecutive sentences.
Father wins PCR on two counts of child molesting
A father convicted of three felony counts of molesting his daughter has successfully secured post-conviction relief from two of those counts. A Class A felony conviction, however, will stand. The ruling will cut the southern Indiana man’s 100-year sentence in half.
COA rules against gun range owners despite officials’ failure to take oaths
Though certain Jefferson County officials failed to take their oaths of office, that failure does not invalidate the officials’ zoning complaint against a local couple, the Indiana Court of Appeals has ruled.
Appeals court lets stand contested court order for I-69 land
A Morgan County couple lost their challenge of a court order appropriating land in which they had an easement interest for the construction of the new final leg of Interstate 69.
Man who missed trial loses OWI appeal
A man convicted of a drunken driving charge despite not being present at his own trial has failed to convince the Indiana Court of Appeals that his convictions should be overturned.
COA commitment for woman with anorexia seen as rare
In a move not typically seen, the Indiana Court of Appeals extended a Hoosier woman’s temporary involuntary commitment solely based on an eating disorder that doctors said was causing her severe malnutrition.
Conspiracy conviction vacated as double jeopardy in Muncie murder
Despite there being sufficient evidence to support a man’s conspiracy and murder convictions, the conspiracy conviction must be vacated on double jeopardy grounds, the Indiana Court of Appeals has ruled.
On rehearing, appellate court reaffirms ruling against animal shelter
An Indianapolis animal shelter still must face a negligence lawsuit from a family whose daughter was mauled by an adopted dog after the Indiana Court of Appeals reaffirmed its reversal of summary judgment for the shelter on Wednesday. The appellate court granted rehearing for the limited purpose of clarifying the issues of fact that preclude summary judgment.
Mother’s voluntary termination of rights reversed for lack of advisement
A Henry County mother will get the opportunity to challenge the voluntary relinquishment of her parental rights after the Indiana Court of Appeals found that she was not given a proper advisement before signing a relinquishment form.