Appeals court affirms termination of mother’s parental rights
A Marion County mother has failed to convince the Indiana Court of Appeals that her parental rights over her 13-year-old daughter should be reinstated.
Indiana Court of Appeals
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Split COA tosses habitual offender enhancement after car theft, police chase
A man convicted on multiple charges related to a stolen vehicle and a police chase did not convince the Indiana Court of Appeals to overturn his unlawful possession of a firearm conviction, though a majority of judges did toss his habitual offender enhancement. A dissenting judge, however, would have let the enhancement stand.
Appeals court reverses for patient in med-mal case
A woman suing her doctor for medical malpractice won a reversal in her favor Friday after the Indiana Court of Appeals found she provided sufficient evidence regarding the applicable standard of care.
Justices reverse, remand for new trial in theft case
Indiana Supreme Court justices on Friday reversed a $350,000 verdict and attorney fee award for a Monroe County woman, remanding the case for a new trial on her theft claims.
In 1st impression case, COA says officers must explain training to get warrants based on drug odors
The Indiana Court of Appeals has reversed the denial of a motion to suppress drug-related evidence found during a search of a Greene County man’s home. The appellate court ruled on an issue of first impression that probable cause for a search warrant cannot be based only on an officer’s detection of the smell of marijuana without additional information about the officer’s training.
Justices reverse custody order after judge ‘conflated’ contempt with best interests
A mother has regained legal custody of her child for now after the Indiana Supreme Court reversed a trial court order Friday, finding that a lower court judge improperly “coupled” a finding of contempt against the mother with an analysis into the child’s best interests.
COA reversal affirms charges but judge calls out ‘arbitrary’ traffic stops
Incriminating evidence found when two separate drivers were stopped for failing to signal a turn in advance can be used against them, the Indiana Court of Appeals has ruled, though one judge is calling on the Legislature to review traffic laws that lead to “arbitrary” traffic stops.
COA affirms denial of motion to suppress in child porn case
The Indiana Court of Appeals has affirmed the denial of a Dubois County man’s second motion to suppress evidence found on a hard drive he owned that tied him to charges of child pornography.
COA affirms commitment for woman with anorexia
The Indiana Court of Appeals has affirmed the commitment of a woman diagnosed with the eating disorder anorexia nervosa, finding sufficient evidence that she was both mentally ill and gravely disabled.
Ruling for homeowner in Indianapolis code-enforcement case reversed
A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.
Violent offender’s appeal seeking COVID-19 release ‘misplaced’
Despite a convicted man’s claims of compromised health that raised his risk of contracting the novel coronavirus behind bars, the Indiana Court of Appeals determined Monday he wasn’t the sort of offender the Indiana Supreme Court had in mind when it urged courts earlier this year to consider release of detainees who posed little risk.
Negligence suit against Carmel assisted living facility reinstated on appeal
A negligence suit against a Carmel assisted living facility in which a resident was seriously injured when a buffet table fell, knocking her to the ground, was reinstated after a Hamilton County court ruled in favor of the assisted living facility.
COA reversal awards Carmel pizzeria owner $197K, potential treble damages
A panel of the Indiana Court of Appeals has reversed a judgment against a Hamilton County pizzeria company’s owner after finding the trial court erred in concluding that he failed to establish money damages for his partners’ acts of forgery and counterfeiting related to the business, among other things, awarding more than $197,000 in damages and over $21,000 in legal fees.
COA: Intelligence text exclusion not abuse of discretion in residential entry case
The Indiana Court of Appeals has affirmed a Lawrence County man’s residential entry conviction, finding the exclusion of his psychological assessment from evidence was not an abuse of discretion.
Justices grant transfer in one case, decline 21 others
Indiana Supreme Court justices declined to hear 21 cases of out 22 petitions for transfer last week, agreeing to hear just one case concerning a man’s lookalike drug-related conviction in a search and seizure dispute.
COA denies state’s bid to get additional money from IBM
Indiana’s argument that although it affirmed, the state’s Supreme Court really intended to reverse the trial court and award more than $4.3 million in post-judgment interest from IBM was met with exasperation from the Indiana Court of Appeals.
Mother’s consent not needed for adoption of kids by stepmom
The Indiana Court of Appeals has affirmed a woman’s petition to adopt her husband’s children, finding sufficient evidence to prove their biological mother failed without justifiable cause to communicate with the children.
Sentencing hearing ordered on remand for man in ineffective assistance appeal
Additional sentencing proceedings have been ordered for a man convicted of child molesting after the Indiana Court of Appeals determined his trial counsel’s performance on his behalf “fell below professional norms.”
COA reverses for couple, against Noblesville in adverse possession dispute
The Indiana Court of Appeals has reversed in favor of two longtime Noblesville residents who exercised control over an abandoned railroad right of way for decades, finding the residents reasonably believed they were paying taxes on the right of way during a period of adverse possession.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.