Justices to hear sentencing, delinquency, tax cases this week
The Indiana Supreme Court will hear three oral arguments via videoconference this Thursday, considering topics including sentencing, a tax sale and a delinquent’s possession of a firearm.
Indiana Court of Appeals
Articles
COA affirms for neighbors in Allen County easement dispute
The Indiana Court of Appeals has affirmed the grant of summary judgment to a couple in an easement dispute with their neighbors, finding the doctrine of res judicata did not help the latter.
Developer’s cert petition dismissed in cell tower dispute
An appellate panel has reversed the denial of a cell site developer’s petition for writ of certiorari, only to find its failure to timely file a record or request an extension of time required dismissal of the petition.
Appeals court grants rehearing petition for Miranda clarification
A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.
Dad’s garnishment order affirmed in college-tuition dispute
The Indiana Court of Appeals on Thursday affirmed the grant of a mother’s request for a garnishment order to enforce an earlier order requiring her ex-husband to pay part of their daughter’s college tuition fees.
COA affirms for biological father in paternity dispute
A mother contesting a paternity petition concerning her child could not convince the Indiana Court of Appeals on Thursday that her motion for summary judgment was wrongly denied.
Grandfather’s sexual misconduct with a minor conviction upheld
A man who sexually abused his granddaughter and tried to allege that her father could have been the “source” of her resultant pregnancy had his convictions upheld by the Indiana Court of Appeals.
Interviews to succeed COA Judge Baker moved online
After two previous schedule changes, interviews of candidates to fill an upcoming vacancy on the Indiana Court of Appeals will be held remotely next week, a move the courts say will allow the process to move forward while respecting continuing social distancing guidelines.
Appeals court again denies injunction in Lake Monroe logging case
The Indiana Court of Appeals has again rejected a Monroe County resident’s requested preliminary injunction that would prevent logging from taking place on land near his home.
Justices strip award of attorney fees in Utica billboard dispute
The Indiana Supreme Court on Friday threw out an award of more than $237,000 in attorney fees in a lawsuit over seven billboards outside Utica, Indiana. Justices found the Clark Circuit Court lacked a basis for awarding fees to the parties who sued a regional development entity that sought to restrict billboards along State Road 265 just north of Louisville.
Fired IDEM employee loses appeal in whistleblower dispute
A former environmental chemist who was fired from his longstanding position at the Indiana Department of Environmental Management could not convince a panel of the Indiana Court of Appeals that he was terminated for being a whistleblower.
Appeals court affirms for used car buyer in defaulted sales contract dispute
An auto dealer couldn’t sway an appellate court’s ruling for one of the dealer’s customers after the court found the man who immediately had problems with the vehicle hadn’t defaulted on his sales contract because payment was not due.
Word substitution causes trouble, but plea agreement stands
A Fayette County man’s confusion about a state statute complicated by a prosecutor’s poor word choice drew some sympathy from the Indiana Court of Appeals but was not enough to win a reversal.
Appellate court dismisses case involving father’s DCS dispute
An appellate court has dismissed a case involving allegations made against a father to the Indiana Department of Child Services, finding that it doesn’t have jurisdiction over the proceedings in his case.
Hammond zoning suit over deck near property line goes back to trial court
A zoning lawsuit over a deck that violates Hammond’s zoning ordinance by being too close to a neighbor’s side yard was reinstated by the Indiana Court of Appeals on Wednesday. The appeals court found that in dismissing the suit, judges had misapplied an affirmative defense that the landowner had not pleaded.
COA affirms trial court in siblings’ estate squabble
The Indiana Court of Appeals in an interlocutory appeal has affirmed for a brother in a sibling squabble over Southern Indiana real estate and property left by their mother after her death.
Appeals court slams due process violations in TPR cases: ‘This must stop’
Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.
Man loses PCR bid against criminal contempt sentences
A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.
Indiana Court Decisions – May 7-19, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Zooming in: Lawyers describe pros and cons in remote oral arguments
Though there have been some technical hiccups, lawyers report generally positive experiences with remote appellate oral arguments. Even so, some advocates say the most impactful arguments are made in person.