Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.
Senior Judge Ezra H. Friedlander
Articles
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
COA: BMV can share infraction conviction info
Per Indiana Code, the Indiana Bureau of Motor Vehicles isn’t prohibited from disclosing records or information about traffic infraction convictions, the Court of Appeals of Indiana has affirmed.
Former employers lose again in breach-of-confidentiality appeal, but attorney fees partially overturned
A breach-of-confidentiality dispute between concrete-industry employees and their former employer returned to the Court of Appeals of Indiana for a second time but largely yielded the same result on Tuesday. However, one of the companies did score a partial win as the COA overturned an award of attorney fees.
Conviction reversed after COA finds fundamental error over prior crimes
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
COA: State cannot change adopted female’s age
While the state failed in its attempt to reinstate criminal charges against a couple who adopted then abandoned a female who they believed was actually an adult, the Indiana Court of Appeals has another option for prosecuting the defendants.
Columbus concrete company prevails in dispute with competitor, former employer
A ruling for concrete-industry employees in a breach of confidentiality dispute with their former employer has been affirmed by the Indiana Court of Appeals.
Parents’ gender-marker change requests for transgender kids splits COA
Two Indiana trial courts must reconsider parents’ requests to change their children’s birth certificate gender markers, a majority of the Indiana Court of Appeals ruled Wednesday, finding parents have statutory authority to request the changes for their minor transgender children. A dissenting judge, however, opined that Wednesday’s decision was a judicial overreach into legislative powers.
COA affirms protective order, splits on whether to identify TV anchor
An appellate panel has affirmed the permanent protective order granted against a suspended Chicago television anchorman who threatened a Valparaiso woman he was romantically involved with. A concurring judge, however, disagreed that the man’s identity should be shielded from the public, writing separately to name the ex-anchor.
Appeals court rules for FSSA in health care transfer penalty dispute
Rulings on motions to dismiss a lawsuit brought by the Indiana Family and Social Services Administration and other entities against a now-deceased woman in a transfer penalty dispute were partially reversed Thursday by the Indiana Court of Appeals.
COA: Good Samaritan Law shields trucker who stopped on foggy road to call 911
The Indiana Court of Appeals has partially reversed the denial of summary judgment to a truck driver involved in a car accident after finding both he and his employer are entitled to protection under the Good Samaritan Law. The case attracted an amicus brief from the Indiana Trial Lawyers Association.
COA vacates man’s post-sentence probation fees order
A panel of the Indiana Court of Appeals has vacated an order requiring a man to pay more than $300 in probation fees after concluding that it was erroneous for the trial court to accept, post-sentencing, the imposition of such fees based on a probation department memo.
COA partially reverses for security supervisor in police impersonation, defamation dispute
The Indiana Court of Appeals has partially reversed in favor of a man who claimed his former employers defamed him after he started his own company, leading to a criminal proceeding that resulted in his acquittal.
COA: court can send juvenile to DOC for probation violation
In an unsuccessful challenge to a trial court’s authority to send him to the Indiana Department of Correction, a Hendricks County juvenile learned the juvenile justice system gives courts wider latitude because the goal is to rehabilitate the offending youth.
Admission of evidence in teen’s murder case not an abuse of discretion, COA rules
A man convicted of murder as a teen unsuccessfully argued before the Indiana Court of Appeals that evidence in his case was erroneously admitted, with the appellate court instead finding the trial court did not abuse its discretion.
COA upholds denial of pro se rights to ‘sovereign citizen’
The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."
COA rules in Circle Centre escalator injury discovery dispute
The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.
Juvenile’s placement in DOC for firing gun affirmed
A troubled Elkhart County juvenile who was adjudicated delinquent after firing a handgun failed to convince the Indiana Court of Appeals that he was wrongly committed to the Department of Correction.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
COA: Ex’s contempt order was valid but violated federal law
A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.