COA schedules oral arguments in RFRA abortion ban suit for September
The Court of Appeals of Indiana will hold oral arguments in September in a case challenging Indiana’s near-total abortion ban on religious freedom grounds.
Judge Leanna Weissmann
Articles
Search warrant ‘executed’ at phone’s seizure, not search, COA rules on interlocutory appeal
A search warrant for a defendant’s phone was executed when the phone was seized, meaning a detective did not have to inform the trial court that the allegations underpinning the warrant were recanted before the phone was searched.
COA orders defendant’s discharge in OVI case after 13-month delay in blood test results
The state’s 13-month delay in providing blood test results violated a man’s right to a speedy trial, the Court of Appeals of Indiana ruled in a Wednesday reversal.
COA Appeals on Wheels headed to Shelbyville next week
The Court of Appeals of Indiana will be traveling to Shelbyville next week as part of its Appeals on Wheels program.
COA: Trial court misinterpreted right of first refusal language in family trust
A man who had a right of first refusal to his late mother’s home should have been allowed to receive the home at its value at the time of his mother’s death, rather than the value of a purchase offer, the Court of Appeals of Indiana has ruled.
Evidence supports ‘gravely disabled’ finding for appellant ordered to temporary commitment, COA affirms
A woman ordered to a temporary mental health commitment has failed to convince the Court of Appeals of Indiana that a trial court wrongly determined she was gravely disabled.
COA upholds habitual offender enhancement as timely filed
A habitual offender enhancement that was filed 21 days before a trial that was eventually rescheduled was not untimely, the Court of Appeals of Indiana has ruled.
Judges celebrate International Women’s Day with lunch recognizing ‘firsts’ for Hoosier women
Indiana’s appellate judges came together with special guests on Wednesday to celebrate International Women’s Day at the Indiana Statehouse.
COA: Common law duty of good faith doesn’t extend to surety-obligee relationship
The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment
A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.
COA affirms Duke Energy must follow Noblesville’s ordinances
The Court of Appeals of Indiana unplugged Duke Energy’s battle with Noblesville, rejecting the company’s arguments that only the IURC has authority over utility matters and finding the electric provider has to comply with the municipality’s ordinances.
Mathias, Vaidik, Weissmann poised for easy retention
As expected, Indiana’s three appellate judges on the ballot in this week’s election are poised to sail to retention.
COA splits in reversing delinquency adjudication for auto theft
A split appellate panel has reversed a teen’s delinquency adjudication for auto theft, finding insufficient evidence to support the adjudication.
Reversal: Trial court breached contract when it revoked pretrial diversion agreement
The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.
COA reverses attempted murder, unlawful possession convictions for man who fired gun with police present
A Bargersville man will have another chance to convince a jury he wasn’t trying to kill a police officer when he drunkenly fired a handgun in his apartment complex after the officer arrived on scene.
ISBA poll: Members support retention of Mathias, Vaidik, Weissmann
The three Court of Appeals of Indiana judges sitting for retention in next month’s general election have received a vote of confidence from members of the Indiana State Bar Association.
COA again shuts down daughter’s arguments in trust dispute, orders appellate attorney fees
A longtime legal battle between siblings over their mother’s trust recently made its way back to the Court of Appeals of Indiana, where the sister lost yet again. The appellate court’s ruling also included a warning for the sister’s longtime counsel.
ISBA conducting judicial retention poll for Mathias, Vaidik, Weissmann
Three Court of Appeals of Indiana judges are up for retention this fall, which means Indiana State Bar Association members are voting on whether they’d like to see those judges return to the bench.