Fort Wayne cabaret clubs lose appeal against city ordinance
Several Fort Wayne adult cabarets could not convince the Indiana Court of Appeals that an ordinance proposed by the city would pose irreparable harm to their businesses if enforced.
Indiana Court of Appeals
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Reversal: Man who knocked girlfriend off scooter did not voluntarily assume her care
A man who knocked his obese girlfriend off an electric scooter and onto the ground has had his felony domestic battery conviction reversed by the Indiana Court of Appeals.
Decisions change double jeopardy analysis, create questions
Recent Indiana Supreme Court decisions changed the tests to prove claims of double jeopardy. Lawyers say it will take time to know the true impact of these rulings, which the Court of Appeals has already applied in multiple decisions, and there’s a likelihood the Legislature could get involved in response to the decisions.
LaPorte Co. auditor provided adequate notice of tax sale, Supreme Court rules
Indiana Supreme Court justices have affirmed the denial of a land trust company’s motion to set aside a tax deed for a LaPorte County property, finding an auditor gave adequate notice of the property’s impending tax sale.
Supreme Court arguments set in child neglect case after defendant released from jail
Indiana Supreme Court justices are set to hear oral argument in a neglect and battery case next week, where a man accused of battering a toddler was ordered released from jail earlier this year by the Indiana Court of Appeals.
Split COA reverses for Notre Dame in woman’s negligence suit
A divided Indiana Court of Appeals panel on Tuesday reversed in favor of the University of Notre Dame in a negligence dispute brought by a woman who broke her shoulder after tripping during a basketball game.
COA splits in ‘restraint on marriage’ trust dispute
A split appellate panel reversed in a trust dispute between siblings on Monday, concluding that the language in their mother’s trust regarding her son was ultimately a restraint on marriage and therefore void.
Man convicted of rape not denied an impartial jury, COA rules
The Indiana Court of Appeals has affirmed a Hancock County man’s conviction for felony rape, finding he was not denied an impartial jury, among other things.
Legal assistant whose hours were reduced rightly entitled to unemployment, COA holds
A legal assistant who was told after more than five years of employment that she may need to seek another job because her hours would be cut by half was rightly awarded unemployment benefits, the Indiana Court of Appeals ruled Friday.
Maintaining common nuisance conviction reversed
A lack of evidence proving the elements of maintaining a common nuisance means a woman’s conviction on that charge must be vacated and her drug-dealing sentence reduced by 18 months, the Indiana Court of Appeals ruled Friday.
Justices affirm denial of IDEM whistleblower suit, vacate ‘broad’ holding
Indiana Supreme Court justices affirmed Thursday the denial of a fired Indiana Department of Environmental Management chemist’s petition for judicial review, but vacated a portion of an appellate panel’s decision that it considered too broad.
In ‘painful’ case posing ‘terrifying precedent’, COA reverses mom’s TPR, lets dad’s stand
The Indiana Court of Appeals in a decision admonishing the Indiana Department of Child Services has reversed the termination of a mother’s parental rights to her son, while upholding the termination of his father’s parental rights in a separate case.
Casino wins appeal against injured worker awarded $76K
An injured Chinese national awarded more than $76,000 in disability discrimination damages lost those winnings Wednesday as the Indiana Court of Appeals reversed in favor of the southern Indiana casino that had employed her.
Reversal: Disorderly conduct conviction violated Indiana Constitution
A woman convicted of disorderly conduct as police intervened in a neighbor’s domestic dispute secured a reversal Wednesday, with the Indiana Court of Appeals finding the woman’s right to free political expression under the state Constitution had been violated.
Reversal: Trial court can consider merits of sentence modification motion
The Indiana Court of Appeals has reversed for a convicted man seeking to modify his sentence, finding that the Elkhart Superior Court erred when it determined that it lacked the statutory authority to consider the merits of his motion.
Appeals court affirms injunction against Clarksville’s Theatre X
A Clarksville adult entertainment venue ordered to cease operations due to local ordinance violations lost its appeal of an injunction Wednesday.
COA upholds sentence in domestic battery, tasing case
Sentences totaling more than seven years have been affirmed for an Allen County man who tased a woman he began dating after meeting on Facebook, the Indiana Court of Appeals ruled Wednesday.
TPR affirmed for father with drug, arrest problems
The Indiana Court of Appeals affirmed on Tuesday the termination of a St. Joseph County father’s parent-child relationship with his daughter after finding no due process violations against him.
COA affirms reincarceration of man erroneously released years early
A man who was erroneously released from prison more than two years early must return to the Department of Correction after the Indiana Court of Appeals declined to adopt a doctrine that would award him credit for the time he was free.
Killer’s appeal rejected in rural Dubois Co. stabbing death
A man convicted of stabbing his girlfriend to death in rural Dubois County lost his appeal Tuesday that challenged the evidence admitted and excluded at his trial and the manner in which the jury was instructed.