IPL wins reversal in worker’s electrocution lawsuit
Precedent gave Indianapolis Power and Light a reversal in lawsuit brought by a man who was electrocuted by the utility’s uninsulated power lines.
Indiana Court of Appeals
Articles
Supreme Court condemns DCS ‘piecemeal litigation’ in CHINS reversal
Criticizing the Department of Child Services for attempting to take a “second bite of the proverbial apple” by filing a successive CHINS petition, the Indiana Supreme Court has reversed a CHINS adjudication and instead dismissed the petition with prejudice.
Reversal finds for DCS in dad’s negligence suit after son’s death
A father who sued the Indiana Department of Child Services after his son died in the custody of his mother and her boyfriend was barred from continuing with his lawsuit Wednesday by the Indiana Court of Appeals. A panel of judges ruled for DCS, finding the father had not timely given the agency tort claim notice.
Reversal: Brownsburg teen wrongly convicted in drug-deal shooting
A student was wrongly convicted by a jury of shooting another teen during a drug deal gone bad, the Indiana Court of Appeals ruled on Wednesday. The panel reversed his convictions and decades-long sentence after finding insufficient evidence that he committed the crime.
Appeals court orders man’s release from pretrial detention in child battery case
A man accused of battering a 2-year-old was ordered released from jail Tuesday by the Indiana Court of Appeals after it found no evidence that he posed a threat to either the victim or the community.
Reversal: COA rules for gas installer company’s founder in valuation dispute
An appellate panel reversed in favor of the founder of a natural gas installation company after it found the value of his shares under a buyback provision in a company agreement couldn’t be discounted for lack of marketability and control.
COA affirms denial of negligence instruction in horse-riding accident case
A woman who suffered a brain injury after a horse-riding accident did not convince the Indiana Court of Appeals that the trial court was wrong in ruling for the renter of a horse-training arena.
Pizza deliveryman killer found dead in prison; police suspect homicide
Indiana State Police are investigating the death of a 32-year-old inmate at the Wabash Valley Correctional Facility near Carlisle as a possible homicide. The man had been convicted in a notorious 2014 slaying of an Indianapolis pizza delivery driver.
Indiana appellate courts extend emergency relief due to COVID-19
A joint Thursday order from the Indiana Supreme Court and Indiana Court of Appeals has announced that an order granting emergency relief through May 4 has been extended due to the ongoing public health emergency posed by COVID-19.
IN Supreme Court schedules May remote arguments, including lethal injection dispute
The Indiana Department of Correction will make another attempt at keeping confidential the suppliers of the lethal drugs used in executions when it appears for oral arguments before the Indiana Supreme Court at 11 a.m. May 27. Oral arguments in this case and the others scheduled for May will be done through videoconferencing rather than held in-person.
Reversal: Court must determine whether mother can pay $11K in delinquency costs
A juvenile delinquent and her mother successfully appealed an order requiring that they pay more than $11,000 for secure detention costs after an appellate panel found no inquires were ever made concerning the mother’s ability to pay.
Former state employees lose appeal in rehire dispute
Former employees of the Indiana Attorney General’s Office and the Indiana Department of Child Services who were listed as ineligible for rehire after being let go did not convince the Indiana Court of Appeals that their dismissed cases against the state deserved reversal.
Reversal: Child porn possessions constituted one episode of criminal conduct
The Indiana Court of Appeals has partially reversed a man’s sentence for child porn possession after finding insufficient evidence that he acquired the images during multiple episodes of criminal conduct.
Husband who wasn’t notified of dissolution decree wins COA reversal
A man who was never given notice of the final dissolution decree ending his marriage secured a reversal from the Indiana Court of Appeals on Wednesday.
Towed car lawsuit crashes into emergency exception
A driver who wheeled into an empty parking lot on a Saturday afternoon in Bloomington only to return an hour later and find his ride had been towed won the sympathy of the Indiana Court of Appeals, but his argument that his car was taken in violation of state statutes failed to gain any traction.
COA: Dispatch centers can withhold 911 calls under APRA exception
A local news station that successfully sought recorded 911 calls from an ongoing investigation into a deadly Carroll County house fire was handed a reversal Wednesday. The Indiana Court of Appeals ruled that the dispatch center was entitled to withhold the calls as investigatory records of law enforcement agencies.
Reversal: Trial court erred by transferring preferred venue in homebuilder’s dispute
A custom homebuilder has secured a reversal from the Indiana Court of Appeals in a preferred venue dispute after successfully arguing that the case was wrongly transferred to another county.
Asylee not entitled to state credit for time served under federal authority, COA rules
A would-be asylee convicted of a state sex crime was not entitled to credit for time he served in a county jail at the request of the federal government pending his state sentencing, the Indiana Court of Appeals has ruled.
Indiana Court Decisions – April 9-22, 2020
Read Indiana appellate court decisions from the most recent reporting period.
COA partially reverses for financial adviser in Marion development dispute
The Indiana Court of Appeals has partially reversed in favor of a financial adviser in a dispute with the city of Marion after years were wasted on a construction project that was projected to cost millions of dollars.