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.
Judge Elizabeth Tavitas
Articles
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.
COA: Trial court didn’t err in sentencing child molesting mom
A trial court didn’t exceed its statutory authority when it sentenced a Howard County woman to more than 20 years for molesting her two young children, according to the Indiana Court of Appeals.
Protective order affirmed for child against mom’s former boyfriend
The Indiana Court of Appeals on Tuesday upheld a protective order requested by a father on behalf of his son after a domestic incident occurred with his mother’s former boyfriend that left the kid with a bloodied nose.
COA: Insurer has duty to defend bars and owners following vehicle accident
Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.
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.
Biological father wins in stepfather’s bid to overturn paternity, adopt child
A stepfather seeking to vacate a paternity determination and adopt his wife’s child was not permitted to do so after the Indiana Court of Appeals concluded that the biological father’s consent to the adoption was required.
Convicted murderer gets habitual offender status reversed
A Vanderburgh County man convicted of multiple felonies including murder has convinced the Indiana Court of Appeals to overturn his habitual offender adjudication because, in admitting his prior convictions, he did not waive his right to a jury trial.
COA upholds sentence for overpass felony but splits on Rule 7(B) analysis
A man who threw a bicycle onto a major Indiana interstate has lost his appeal of his five-year executed sentence. However, his case exposed a split among the Indiana Court of Appeals on the proper analysis for determining if a sentence is inappropriate.
Buyer prevails in tax sale dispute with mortgage holders
A financial group has secured a reversal in its favor from the Indiana Court of Appeals after its originally successful bid at a tax sale went south.