COA: Despite driver’s admission to smoking meth, state failed to prove OWI
A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.
Judge Elizabeth Tavitas
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Innovation Initiative’s Family Law Taskforce submits recommendations to Supreme Court
With an ultimate goal of improving access to justice in family law cases, the Family Law Taskforce of the Indiana Supreme Court’s Innovation Initiative nailed down more than a dozen recommendations, with five being considered “essential for reform.” Now, that final report is headed to the Indiana justices.
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Web Exclusive: COA considering legislation limiting child sex abuse victim depositions
A one-year-old law is before the Indiana Court of Appeals, which is considering whether the Legislature properly placed restrictions on when defense attorneys can take a deposition of a minor child alleged to be a victim of a sex crime.
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Female judges encourage women to seek out the bench, become ‘seed planters’
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
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Articles
Inmate sanctioned by COA for continued filing of frivolous lawsuits
Fed up with the increasing burden an Indiana inmate has placed on the courts with frivolous lawsuits, the Court of Appeals of Indiana has instructed trial courts to not put up with the prisoner’s misconduct any longer.
Man loses appeal of animal abuse convictions after hitting, shooting dog
The Court of Appeals of Indiana has upheld a man’s conviction for hitting and shooting his dog, finding the evidence did not support his claim that he was trying to put the animal down to protect his neighbors.
Convictions upheld for man in Allen Co. drug robbery gone wrong
A man involved in a robbery-turned-murder will keep his related convictions despite his arguments against a traffic stop and the jury instructions in his case, the Court of Appeals of Indiana has ruled.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
Despite sticker shock, COA affirms $150K bail for teen charged in deadly crash
Noting several times its limited role in reviewing the denial of a request to reduce bail, the Court of Appeals of Indiana has affirmed a trial court’s ruling that set bail at $150,000 for an Elkhart County teenager charged in a deadly auto accident.
Reversal: Same name not sufficient evidence for serious violent felon conviction
A Decatur County man facing an aggregate sentence of 30 years had his Level 4 felony conviction overturned after the Court of Appeals of Indiana ruled that a defendant having the same name as a person convicted in a previous drug case was not enough to sustain a conviction as a serious violent felon.
Denial of motion to set aside default judgment was error, COA rules
A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.
COA upholds custody modification in father’s favor
An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.
COA: Trial court didn’t err when modifying parenting time based on basketball schedule
A parenting time modification that was granted to accommodate a teen’s summer basketball schedule was not an abuse of discretion by the Johnson Circuit Court, the Court of Appeals of Indiana has ruled.
COA reverses for Madison man removed from community boards by mayor
A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.
Supreme Court affirms ruling for INDOT in injured motorist’s negligence case
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Father convicted of OWI with child in car loses appeal of 6-year sentence
A man convicted of operating a vehicle while intoxicated with his toddler in the car could not convince the Court of Appeals of Indiana that he was denied his right to allocution or that his sentence should be reconsidered.
COA revives fired Cathedral High School teacher’s lawsuit against Indianapolis Archdiocese
A gay teacher who sued the Archdiocese of Indianapolis after he was terminated from his teaching position at Cathedral High School has been given another chance to make his case after the Court of Appeals of Indiana found the trial court committed reversible error in dismissing the lawsuit.
Portland woman’s conviction upheld in death of child’s father
The Indiana Court of Appeals has upheld the murder conviction of a woman who arranged the killing of her young daughter’s father amid a custody battle over the child.
COA: Credit union’s arbitration request too late
Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.
ISBA hosts ‘streamlined’ summit in Indy
The theme of the 2021 Indiana State Bar Association House of Delegates Meeting, and the bar’s annual summit, could be summed up with one word: streamlined.
COA: Hearings delayed for good cause in CHINS case
The Marion Superior Court, Juvenile Division had good cause when it delayed a pair of hearings in a recent child in need of services case, and the evidence against a father of two supported the trial court’s conclusion that his kids are CHINS, the Indiana Court of Appeals has ruled.
Trial court violated South Bend man’s constitutional rights by excluding him from trial, COA rules
The St. Joseph Superior Court violated the constitutional rights of a South Bend man when it excluded him from his jury trial after failing multiple pretrial drug tests, the Indiana Court of Appeals has ruled.
COA: Lack of ‘breaking’ evidence in liquor store burglary leads to reversal
Evidence was sufficient to identify a Huntington man as the perpetrator of a liquor store robbery, but there wasn’t enough proof to sustain his conviction for breaking and entering in the same crime, the Indiana Court of Appeals ruled in a Monday reversal.