Claims filed too late in wrongful death suit, COA affirms
A father’s and grandmother’s wrongful death claims in a lawsuit involving the death of an 11-year-old girl were not filed in a timely manner, the Indiana Court of Appeals affirmed Wednesday.
Indiana Court of Appeals
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Security camera footage properly admitted as evidence in drug case, COA affirms
A lower court correctly allowed security camera footage to be entered into evidence and did not err in denying a defendant’s requested jury instruction at his trial, the Indiana Court of Appeals affirmed Wednesday.
Purdue’s COVID insurance claim doesn’t fall within policy parameters, COA affirms
Purdue University is not entitled to compensation under a COVID-19 related insurance claim for lost income, the Indiana Court of Appeals affirmed in a unanimous ruling Wednesday.
Indiana Court Decisions: Feb. 8-21, 2024
Read Indiana appellate court decisions for the most recent reporting period.
IN justices agree to consider whether contempt defendants are entitled to mental health experts
The Indiana Supreme Court denied 12 transfer petitions and granted one for the week ending Feb. 23, agreeing to hear a case involving whether criminal contempt defendants are entitled to the appointment of mental health experts.
Summary judgment rulings affirmed, reversed in dispute over faulty neighborhood drainage system
A lawsuit stemming from property damages allegedly caused by a faulty drainage system will continue in part after the Court of Appeals of Indiana partially affirmed and reversed summary judgment awards to the different parties.
Trial court erred in reinstating declaratory judgment after it was dismissed, COA rules in reversal
An Elkhart-based company failed to act within the time permitted under Indiana Trial Rule 60(B) and was not entitled to a trial court’s reinstatement of a declaratory judgement action, the Court of Appeals of Indiana ruled Monday in a reversal.
7th Circuit affirms judgment that trial counsel’s failure to object was ‘reasonable strategic choice’
The Indiana Court of Appeals correctly denied a convicted child molester’s post-conviction relief petition after finding his counsel behaved competently, the 7th Circuit Court of Appeals affirmed Thursday.
COA affirms 12-year sentence in rape case, but cites double jeopardy in reversing criminal confinement, pair of sexual battery convictions
An Evansville man’s 12-year aggregate sentence for rape and one count of sexual battery was appropriate, given his prior criminal history and the nature of his sex crimes, but his criminal confinement and two additional sexual battery convictions violated his protection against double jeopardy, the Court of Appeals of Indiana has ruled in a partial reversal.
Elkhart County man not required to register as sex offender upon return to state, COA rules in reversal
An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.
IN Supreme Court denies 19 transfers, grants 1
The Indiana Supreme Court denied 19 transfer petitions and granted one for the week ending Feb. 16.
COA declines to order injunction against ex-husband accusing ex-wife of criminal conduct at work
An ex-husband’s claims that his ex-wife engaged in criminal activity at her job are protected by the First Amendment, the Court of Appeals of Indiana has affirmed.
COA rules zoning exception for treatment center must be granted, agreeing that denial was based on ‘irrational animus’
The denial of a zoning exception for a drug treatment center was based on “fear and bias” and must be reversed, the Court of Appeals of Indiana ruled Wednesday.
COA holding oral arguments for appeals involving involuntary manslaughter PCR petition, summary judgment award
The Court of Appeals of Indiana will hear oral arguments in two cases next week, including one in which a man is challenging the denial of his post-conviction relief petition for an involuntary manslaughter conviction.
No error in granting custody to grandmother instead of father, COA affirms
A father who lost custody of his children failed to convince the Court of Appeals of Indiana that the trial court erred by granting custody to the children’s grandmother.
COA splits in upholding motion to set aside summary judgment
A split Court of Appeals of Indiana has upheld the grant of a motion to set aside summary judgment in a dispute involving a financial company and a woman whose ex-husband admitted to using her identity to fraudulently obtain a loan.
Indiana Court Decisions: Jan. 25-Feb. 7, 2024
Read Indiana appellate court decisions from the most recent reporting period.
COA splits in reducing 220-year sentence for teen convicted in ‘worst of the worst’ murder
A convicted murderer sentenced as a teen to more than 200 years will have his sentence reduced to 135 years, although one Court of Appeals of Indiana judge would uphold the 220-year term.
Grandmother had standing to seek visitation, COA affirms in adoption case
A grandmother who filed her grandparent visitation petition before her grandchild was adopted had standing to bring the action under the state’s Grandparent Visitation Act, the Court of Appeals of Indiana affirmed Tuesday.
IN justices: Dram Shop Act modified, not eliminated, liability for businesses serving alcohol
The state’s Dram Shop Act modified, but did not eliminate, common law liability for entities that serve alcohol, the Indiana Supreme Court ruled Monday.