$479K judgment against Crown Point grocer in slip-and-fall case upheld
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
Indiana Court of Appeals
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Appeals court puts Indiana Grand horseman’s negligence case out to pasture
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
COA rules trial court erred in grandparent visitation case
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
COA dismisses long-running suit from deaf litigant denied sign interpreter
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
Justices to review murder verdict overturned due to lawyer’s lie on jury form
A Vanderburgh County jury’s guilty verdict in a murder case that was overturned on appeal because a lawyer who served as the jury forewoman lied on her jury questionnaire will be reviewed by the Indiana Supreme Court.
Judgment of $246K for Carmel landlord upheld in business lease dispute
A Carmel landlord was properly awarded damages of nearly $250,000 plus attorney fees in a dispute over unpaid office rent, the Indiana Court of Appeals ruled Thursday. The appellate court found no grounds for disturbing a Hamilton Superior Court’s judgment that discredited the tenant’s argument.
Appeals court tosses battery with deadly weapon conviction
A man’s confession to police was ruled insufficient without other evidence of a crime to support his conviction of battery with a deadly weapon, the Indiana Court of Appeals ruled Wednesday, vacating a conviction in a domestic violence case.
COA upholds escape conviction but encourages Legislature to reconsider statute
Even while the Indiana Court of Appeals upheld the two escape convictions of a Shelby County man, the appellate panel noted it was concerned that the defendant who was ultimately found not guilty still has a pair of felonies on his record for “relatively minor violations” of pretrial home detention rules.
COA applicants, JNC discuss practical, philosophical issues during first round of interviews
Like most everything else during the pandemic, the recent interviews to fill an upcoming vacancy on the Indiana Court of Appeals looked a little different. On June 10, the Indiana Judicial Nominating Commission logged on to Zoom to interview candidates to succeed retiring Court of Appeals Judge John Baker.
Saying goodbye: Baker to retire after more than 40 years as a judge
It wasn’t quite the retirement he expected. With COVID-19 forcing most of the population to work from home, Court of Appeals Judge John Baker quietly visited the Indiana Statehouse in early June to pack up his chambers. Though he won’t officially retire until July 31, he decided to close out his Indianapolis office early, without the usual pomp and circumstance of a sendoff. “I wanted to work from home,” Baker said with a laugh, “but I didn’t mean for everyone else in the world to have to do it.”
Indiana Court Decisions – June 4–17, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Dreyer: Judge John Baker — A ‘listening’ kind of justice
As his judging life comes to a crossroads, Judge John Baker sees similarities between his first days in small claims court and his last days now on the Court of Appeals.
Sharply divided Supreme Court sides with smartphone owner in self-incrimination case
A harshly split Indiana Supreme Court has ruled 3-2 in favor of a woman who was found in contempt for refusing to unlock her smart phone in a criminal investigation. A majority of the high court reversed the contempt order, holding in a landmark ruling that forcing her to unlock her iPhone would violate her Fifth Amendment right against self-incrimination.
Second round of interviews announced for coming COA vacancy
Seven semifinalists vying for the Indiana Court of Appeals judicial vacancy left by retiring Judge John Baker will be interviewed in person by the Judicial Nominating Commission on July 1. The interviews come after 13 applicants were interviewed remotely earlier this month.
COA affirms driver waived claims of error in car accident case
The Indiana Court of Appeals has affirmed a jury’s verdict in a car accident dispute, finding the driver determined most at fault has waived his claims of error.
Battery convictions sustained for man who burned child
A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.
COVID-19 relief in Indiana appellate courts extended
Relief from deadlines in court cases affected by the coronavirus pandemic has been extended by a joint order of the Indiana Supreme Court and the Indiana Court of Appeals issued Friday.
COA affirms denial of mother’s premature motion to modify child custody
A mother who fought to modify custody of her two children before the court entered her dissolution decree has had her request rejected by the Indiana Court of Appeals.
Appeals court remands for sentencing order to reflect not guilty verdict
A sentencing order that failed to account for a man’s not guilty verdict prompted a remand from the Indiana Court of Appeals on Thursday to fix the omission.