New COA Judge Weissmann praised for work in, out of court
In law school, now-Judge Leanna Weissmann was a geek. At least that’s what she told well-wishers Tuesday when Gov. Eric Holcomb announced her appointment to the Indiana Court of Appeals.
Indiana Court of Appeals
Articles
Molester’s conviction, 50-year sentence affirmed on appeal
The conviction and 50-year sentence imposed on a man who molested a 3-year-old was affirmed Wednesday by an Indiana Court of Appeals panel, which rejected his arguments that a statement he made to officers was wrongly admitted and that his sentence was inappropriate.
Reversal grants estate compelled arbitration in nursing home med-mal case
The Indiana Court of Appeals has reversed the denial of an estate’s motion to compel arbitration against a nursing facility after concluding that the Indiana Medical Malpractice Act does not apply in the case.
Farm feud: CAFO challenge turns to U.S. Supreme Court
Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.
Weissmann selected to succeed Baker on Indiana Court of Appeals
Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.
Intimidation conviction upheld for man who threatened officer on YouTube
A man convicted of intimidation after posting a threatening video meant for a police officer did not convince the Indiana Court of Appeals on Monday that his jury panel was unfair or that his conviction should be overturned.
Appeals court reverses suppression of evidence in stolen gun case
The grant of a motion to suppress all evidence found in a man’s home during a search by police has been reversed, with the Indiana Court of Appeals finding a reasonable probability for law enforcement to believe that a stolen gun would be there.
COA reverses summary judgment denial in patient negligence, wrongful death suit
The Indiana Court of Appeals has reversed the denial of partial summary judgment in a wrongful death case brought by the estate of a woman killed while in the care of a professional health care group.
Appeals court reduces misdemeanor sentence of man first charged at age 64
A man who picked up his first of several criminal charges at age 64 amid signs of undiagnosed mental illness and was subsequently ordered to spend 15 months behind bars on misdemeanor charges received an inappropriate sentence, the Indiana Court of Appeals ruled Friday.
Divided appeals panel upholds termination of dad’s parental rights
A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”
COA affirms man’s child molesting conviction, sentence
The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
Husband gets new trial on domestic battery conviction
A man convicted of domestic battery and disorderly conduct successfully secured a new trial from the Indiana Court of Appeals after it found the admission of his wife’s hearsay statements were in error.
30-year sentence affirmed for teen linked to killing of IU doctor, educator
The Indiana Court of Appeals has affirmed a young adult’s decades-long sentence for felony burglary convictions that stemmed from several residential break-ins he committed as a teen, finding that his sentence is not inappropriate.
Past felony prevents Muncie councilman from holding office, COA rules
A Muncie city councilman could not persuade the Indiana Court of Appeals to determine on Friday that he is still eligible for the position after another candidate revealed that the councilman has a felony record.
Attorney juror at center of Supreme Court murder appeal also suing state
As the Indiana Supreme Court takes up the question of whether a man convicted of murder should get a new trial because of misconduct by an attorney who served as jury forewoman at his trial, that attorney also is suing the state over her firing related to her conduct in the case.
Divided COA panel affirms for Tyson in catastrophic motorcycle crash suit
The guardian of a Wayne County man who sustained catastrophic brain injuries in a motorcycle crash lost an appeal of a judgment against her negligence suit Thursday, but one judge would have permitted her case against a meat plant near the crash scene to proceed.
COA narrows claims against Bayer in Essure birth control defect case
A panel of the Indiana Court of Appeals narrowed the claims of women who sued pharmaceutical giant Bayer claiming alleged defects in the permanent birth control device Essure. The ruling Wednesday came after the Indiana Supreme Court remanded the case for the appeals court to address the viability of plaintiffs’ claims.
Justices toss OWI convictions, adopt new substantive double jeopardy test
Overruling a constitutional test for resolving claims of substantive double jeopardy and adopting a new test in its place, the Indiana Supreme Court has partially reversed a man’s drunken driving convictions on double jeopardy grounds. His 16-year sentence, however, will remain.
Justices reinstate attempted murder conviction vacated by COA
A man who fired multiple gunshots into a car in Lafayette after a confrontation was properly convicted of two counts of attempted murder, the Indiana Supreme Court ruled, reinstating one of the charges that had been vacated by the Indiana Court of Appeals.