COA affirms for insurer in UIM coverage case
A woman who was injured in a car crash and racked up a hefty medical bill did not convince the Indiana Court of Appeals that it should reverse a trial court’s judgment in favor of her insurance company.
Indiana Court of Appeals
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Felony reversed for man who possessed hash oil
The Indiana Court of Appeals reversed a man’s felony conviction for possession of a controlled substance after finding that his vaping cartridge containing hash oil did not violate state law under which he was charged.
COA: Striking child with cord not protected parental discipline
An Indianapolis mother convicted of felony battery after striking her son with an electrical cord failed to convince the Indiana Court of Appeals that the charges against her could be defeated by the concept of parental privilege.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
Victims’ testimony admissible in child molesting case, COA rules
The Indiana Court of Appeals on Wednesday was not convinced by a man’s argument that his decades-long sentence for child molesting was inappropriate or that victim testimony was inadmissible.
Denial of widow’s claim against revocable trust affirmed
A widow who contested whether she could satisfy her election to take against the will of her deceased husband when he transferred the majority of his assets into a revocable trust lost her appeal to the Indiana Court of Appeals on Tuesday.
COA affirms admitted drug test lab results in CHINS case
The admission of positive drug test results under the business-records exception was affirmed by the Indiana Court of Appeals in a Monday child in need of services case, despite a father’s argument that admission of the evidence was erroneous.
Court erred by correcting error after appeal began
An Indiana trial court erred in a case over unpaid elevator repair bills by granting the plaintiffs’ motion to correct error after the case already had gone up to the Indiana Court of Appeals.
Rear-ended driver wins new damages trial after errant jury instruction
A driver who a jury awarded just $10,000 on her personal injury claims after an intoxicated driver struck her car from behind won a new trial on damages Friday. The Indiana Court of Appeals found an erroneous jury instruction may have led to a verdict that was less than the driver had been offered to settle the case.
Some Indiana Supreme Court, COA oral arguments canceled
Several oral arguments scheduled to be heard by both the Indiana Supreme Court and the Indiana Court of Appeals have been canceled as of Wednesday.
COA: Motion to suppress should be granted because officers lacked probable cause
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
Reversal: Fired lawyer cannot seek attorney fees ‘separate and apart’ from client
A Crown Point attorney who was fired by her client in a long-running juvenile paternity case had no right to then intervene in the case to seek an award of attorney fees from the opposing party, the Indiana Court of Appeals ruled Wednesday, reversing the trial court.
Indiana Court decisions – Feb. 27-March 11, 2020
Read Indiana appellate decisions from the most recent reporting period.
Conviction affirmed for intoxicated woman found in parked, running vehicle
The Indiana Court of Appeals has affirmed the conviction of a woman who was found intoxicated in her running but parked vehicle, finding sufficient evidence to support that she was operating the vehicle at the time law enforcement found her.
COA affirms compelled arbitration in assisted living sex abuse dispute
The legal guardian of an elderly woman housed at a Carmel assisted living facility could not convince the Indiana Court of Appeals on Tuesday that she should not be compelled to arbitration after bringing breach of contract and negligence claims against the facility for allegations of sex abuse.
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
COA affirms charges brought under new cause number
The Indiana Court of Appeals has affirmed the denial of a man’s motion to dismiss charges brought against him in a new cause after the state sought to refile the case to tidy up the record, finding no abuse of discretion in the decision.
Denial of motion to suppress affirmed in traffic stop case
The Indiana Court of Appeals has affirmed the denial of a man’s motion to suppress evidence of narcotics discovered in his vehicle during a traffic stop after a tip that he had been using drugs in his Purdue University dorm room.
Reversal: Transgender name change permitted; trial court admonished for disrespect
A transgender man denied a motion to privately change his name and gender on his birth certificate won a reversal from the Indiana Court of Appeals, which admonished a trial court for denying the man’s petition and treating him disrespectfully.
Reversal: Orange County man’s child molesting conviction improperly elevated
The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.