Indiana Court Decisions: Jan. 25-Feb. 7, 2024
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
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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.
COA affirms, finds division of marital estate in favor of husband was not in error
A trial court correctly awarded a Delaware County man 62% of a marital estate in a divorce case, the Court of Appeals of Indiana ruled Monday in affirming the court’s determination to divide the estate in the husband’s favor.
COA reverses negligent parental supervision judgment, affirms premises liability ruling in case involving alleged molestation
The parents of a Johnson County juvenile accused of child molestation owed a duty to the “foreseeable victim of a foreseeable harm” that was allegedly molested in the case, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment on a negligent parental supervision claim.
Man’s manic episode, behavior justify seizure of firearms, ammo, COA affirms
The Montgomery County Sheriff’s Office properly applied the state’s red flag law when it seized firearms and ammunition from a man after investigating a domestic dispute at his home, the Court of Appeals of Indiana affirmed Friday.
Ballot access, criminal cases to be heard at IN Supreme Court in February
The Indiana Supreme Court will be holding four oral arguments this month in cases ranging from ballot access to the seizure of evidence.
Judgment for company from Brantly helicopter crash should stand, COA affirms
A company that delivered a helicopter to a Morgan County man for routine maintenance was entitled to a judgment from the man’s estate for damages equal to the aircraft’s value after it was destroyed in a 2020 crash, the Court of Appeals of Indiana affirmed Monday.
New trial ordered in custody dispute
A new trial has been ordered in a Warrick County custody dispute after the Court of Appeals of Indiana determined that a successor judge abused her discretion when ruling based only on a review of prior transcripts.
COA reverses declaratory judgment for officer facing discipline whose arrest was expunged
The Court of Appeals of Indiana has reversed declaratory judgment entered in favor of a law enforcement officer facing discipline following his arrest, even though that arrest was expunged.
Appellate court upholds murder conviction despite defendant’s competency, evidentiary arguments
A man convicted of murder failed to convince the Court of Appeals of Indiana that the absence of a full competency hearing and the admission of certain evidence undermined his conviction.
COA upholds preliminary injunction against construction of Carmel senior living group home
Construction of a proposed senior group home in Carmel cannot move forward after a split panel of the Court of Appeals of Indiana affirmed a preliminary injunction challenging the underlying building permit.
Credit union’s ‘persistent disavowal’ of rehearing arguments leads justices to uphold original decision, but with a caveat
A credit union’s “persistent disavowal” of the arguments it raised on rehearing led the Indiana Supreme Court to reaffirm its prior ruling that the credit union cannot compel arbitration in a customer’s class-action.
2nd CHINS finding upheld, but contempt ruling against father reversed
A CHINS adjudication was not erroneous, the Court of Appeals of Indiana has ruled, but a contempt finding against a father was.
Evidentiary hearing ordered after juror fails to disclosure knowledge of expert witness
A trial court must hold an evidentiary hearing to determine how familiar a potential juror in a medical malpractice case was with a doctor who was called an expert for the defense, the Court of Appeals of Indiana has ruled.
COA reaffirms unanimous ruling vacating convictions, but panel splits on rehearing
Two months after vacating a man’s attempted murder and battery convictions, the Court of Appeals of Indiana has reaffirmed that decision on rehearing, doubling down on its holding that a speedy trial request was not met.
COA reverses summary disposition of PCR petition, orders evidentiary hearing on delayed parole hearing
A trial court must hold a hearing to determine whether the state can show good cause for the delay in a probation revocation hearing, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Indiana Court Decisions: Jan. 11-24, 2024
Read Indiana appellate court decisions from the most recent reporting period.
IN justices: Cash bail can be retained for representation costs, but other fines, fees, costs require indigency hearing
State statute authorizes trial courts to retain cash bail for the payment of public defender fees, but an indigency hearing is required before the cash can be retained for most other fines, fees and costs.