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.
Judge Edward W. Najam Jr.
Articles
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.
Lawyer-photographer loses appeal of copyright dismissal, must pay more fees
A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.
Teen’s attempted murder reversal splits COA in first-impression case
Is the parent of a juvenile defendant waived to adult court “essential” to the presentation of that juvenile’s defense? The majority of a split Indiana Court of Appeals panel concluded the answer to that question was yes, despite a dissenting judge’s opinion.
Virtual admission ceremony emphasizes storied themes
In unprecedented times, the state’s newest lawyers made history by being admitted to the Indiana Bar Tuesday morning in the first-ever virtual Indiana Supreme Court Admission Ceremony.
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.
Case against Indy attorney to proceed after client wins reversal
An Indianapolis attorney being sued by a former client in a post-conviction relief case faced a reversal Monday after the Indiana Court of Appeals found that the client’s complaint alleging violations of certain canons of the Rules of Professional Conduct did not deprive the trial court of jurisdiction over the case.
COA affirms award of custody to non-surrogate mother, against father
A father fighting against the award of custody of his child to his ex-wife did not convince the Indiana Court of Appeals that a mistake had been made.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Drug conviction, sentence upheld for man found with 10 pounds of meth
A man convicted on a dealing charger after a traffic stop uncovered 10 pounds of meth in his vehicle did not convince the Indiana Court of Appeals that the trial court erred in either admitting evidence or sentencing him.
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.
Edinburgh antique store can stay put as COA dismisses realty fight
The Indiana Court of Appeals has vacated an order requiring an Edinburgh antique store to leave its place of business, finding an agreement between the store and the real estate’s owner was a land sale contract and not a lease subject to an eviction proceeding.
Probation revocation affirmed following new federal offenses
The Indiana Court of Appeals has affirmed the revocation of man’s probation after he committed multiple new offenses.
COA tosses jury verdict in Kokomo land-taking case, slashes damages
A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.
Trial court ruling against city to enforce mediation deal reversed
A northern Indiana trial court erred in ordering the city of Plymouth to enforce a mediation settlement agreement to pay a contractor $130,000 because terms of the agreement had not been fulfilled, an appellate panel ruled Wednesday.
Vanderburgh Co. man loses appeal of sexual misconduct convictions, sentence
A southern Indiana man sentenced to 15 years after being convicted of sexual misconduct with two teenage girls failed to find relief at the Indiana Court of Appeals.
Fitbit bandit’s convictions upheld, but 1 count erroneously entered
A man who orchestrated the heist of a big rig trailer filled with Fitbits lost his appeal Wednesday, but a panel of judges tossed one of the convictions entered against the thief after finding it didn’t jibe with the jury’s verdict.
Parrish: Students find clerkships in smaller counties rewarding
This summer’s Rural Justice Initiativesought to expose students who are committed to public service to different facets of rural and smaller-city practice while helping trial court judges with their heavy workloads in counties where that help is needed most. The goal was to underscore to students the benefits of clerking after graduation, to help improve access to courts and expand legal services, and to inspire some students to consider pursuing careers in rural Indiana.
Reversal: Jury instruction on man’s failure to mitigate damages was error
A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous.
Molester’s 500-plus-year sentence largely upheld
A Rushville man’s sentence of more than 500 years in prison for sexually assaulting his two daughters over the course of their infancy, childhood and teen years was affirmed in large part Tuesday by the Indiana Court of Appeals.