COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
Judge Elaine B. Brown
Articles
Split COA affirms that Army vet can’t call psychologist to testify about PTSD in murder case
A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.
Appellate court provides reprieve to homeowners not notified of tax sale
Citing the requirements of equity and due process, the Court of Appeals of Indiana has reversed a tax sale, finding the homeowners did not receive any notice that their Madison County property was being sold.
COA: Contractor not liable for worker’s slip and fall
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
Split COA reverses protective order against father in ‘close case’
An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.
COA affirms denial of motion to clarify probation sentencing
A man arguing his probation should end three years earlier than the date listed in the system has failed to secure relief from the Court of Appeals of Indiana.
Personal injury complaint timely filed under Supreme Court’s COVID-19 tolling orders, COA says
A woman injured in a car crash timely filed her complaint against the other driver, the Court of Appeals of Indiana has ruled, pointing to Indiana Supreme Court orders that tolled statutes of limitation to ease the burden on Hoosier litigants at the height of the COVID-19 pandemic.
Reversal: Danville officer violated woman’s Fourth Amendment rights during traffic stop
A Danville police officer who conducted a dog sniff during a traffic stop violated a woman’s Fourth Amendment rights, the Court of Appeals of Indiana has concluded, reversing the denial of her motion to suppress.
COA reverses granddaughters’ attorney fees award
Two women who won attorney fees against their grandmother’s estate were hit with a reversal Tuesday from the Court of Appeals of Indiana.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
COA reverses protective orders, remands classmates’ stalking case for judge’s improper comments
A pair of protective orders issued against two brothers by a classmate have been reversed after the Court of Appeals of Indiana determined the defendants weren’t given an impartial hearing and were denied due process by the Lawrence Circuit Court.
Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
COA: Family can keep title by adverse possession of lakefront walkway
A family that has used and maintained a walkway to access a lake near their home for more than 60 years may keep a newly awarded fee simple title by adverse possession, the Court of Appeals of Indiana has affirmed.
COA reverses criminal conviction after jailed defendant didn’t receive case file
A Vanderburgh County man will get a second day in court after the Court of Appeals of Indiana reversed his criminal conviction, finding in part that his inability to get his case file while in jail violated his right to due process.
COA: Injured construction worker was independent contractor, not employee
A construction worker injured in a building collapse was, in fact, an independent contractor, the Court of Appeals of Indiana has concluded, rejecting an earlier finding that the worker was actually an employee of the company he sued.
COA affirms denial of motion to drop unlawful possession of a firearm charge
An Indianapolis man will not have his charge of unlawful possession of a firearm by a serious violent felon dropped, as the Court of Appeals of Indiana affirmed his constitutional rights weren’t infringed upon when the state applied Indiana Code § 35-47-4-5 to his case.
COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
Multimillion-dollar lawsuit against Indianapolis apartment complex can proceed, COA rules
A pro se litigant who filed a $2.5 million lawsuit in Marion Superior Court using a small claims form will be able to seek damages from her landlord after the Court of Appeals of Indiana found res judicata did not bar all her claims.
Apellate court affirms forfeiture of 504 tax sale certificates purchased by ineligible buyer
The Indiana Court of Appeals did not buy a Lake County man’s argument that state statute allows ineligible buyers at tax sales to avoid forfeiture by paying delinquent property taxes, finding the man had time to clear his debt but never did so.
Heavy-hitter women judges to be honored at ISBA 19th Amendment event
Past and present female judges from across the state will gather this month at an Indiana State Bar Association event to reflect on the history and significance of the 19th Amendment.