COA affirms PCR denial after home explosion
A Dearborn County man who detonated a homemade bomb in his own home failed to prevail on his appellate claims for post-conviction relief.
Judge Melissa S. May
Articles
On rehearing, appellate court reaffirms ruling against animal shelter
An Indianapolis animal shelter still must face a negligence lawsuit from a family whose daughter was mauled by an adopted dog after the Indiana Court of Appeals reaffirmed its reversal of summary judgment for the shelter on Wednesday. The appellate court granted rehearing for the limited purpose of clarifying the issues of fact that preclude summary judgment.
Mother’s voluntary termination of rights reversed for lack of advisement
A Henry County mother will get the opportunity to challenge the voluntary relinquishment of her parental rights after the Indiana Court of Appeals found that she was not given a proper advisement before signing a relinquishment form.
Appeals panel splits on division of $1M retirement accounts in prenup dispute
A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.
Appeals court reverses for patient in med-mal case
A woman suing her doctor for medical malpractice won a reversal in her favor Friday after the Indiana Court of Appeals found she provided sufficient evidence regarding the applicable standard of care.
COA: Intelligence text exclusion not abuse of discretion in residential entry case
The Indiana Court of Appeals has affirmed a Lawrence County man’s residential entry conviction, finding the exclusion of his psychological assessment from evidence was not an abuse of discretion.
Republicans win big in Indiana from Statehouse to courthouses
Although the results of the United States presidential race were delayed well beyond Election Night, Hoosiers learned the winners of several state and local races soon after the polls closed as Republicans secured their grip on state and federal offices.
Judicial selection takes varied shapes in Indiana
There’s more than one way to become a judge in Indiana, and with Election Day less than a week away, here is a look at the various judicial selection methods in Indiana and how judges and lawyers view them.
COA splits in ‘restraint on marriage’ trust dispute
A split appellate panel reversed in a trust dispute between siblings on Monday, concluding that the language in their mother’s trust regarding her son was ultimately a restraint on marriage and therefore void.
Maintaining common nuisance conviction reversed
A lack of evidence proving the elements of maintaining a common nuisance means a woman’s conviction on that charge must be vacated and her drug-dealing sentence reduced by 18 months, the Indiana Court of Appeals ruled Friday.
Reversal: Shelter must face negligence suit after adopted dog mauls girl
A south side Indianapolis animal shelter must face a lawsuit from an adopter whose child was attacked by a dog with a history of aggression, the Indiana Court of Appeals ruled Thursday, reversing a trial court’s grant of summary judgment for the shelter.
COA partly revives injured woman’s claims against chiropractic clinic
The Indiana Court of Appeals has affirmed in part, reversed in part and remanded entry of summary judgment in favor of an Indianapolis chiropractic clinic in a case brought by a woman injured in a car accident.
ISBA members vote ‘yes’ to appellate judges’ retention
Each of the seven Indiana appellate judges up for retention this year have received favorable recommendations from members of the Indiana State Bar Association. The state bar released results of its retention survey Wednesday morning.
COA rules in favor of head-butting ram’s owner in negligence case
A woman injured after being head-butted by a ram could not convince the Indiana Court of Appeals on Thursday that the trial court erred in giving certain final instructions during her unsuccessful jury trial.
COA affirms man’s child molesting conviction, sentence
The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
Website highlights 7 appellate judges on November retention ballot
Hoosier voters in November will decided whether seven Indiana appellate judges should retain their positions for the next 10 years. A Supreme Court justice, the chief judge of the Indiana Court of Appeals and five other appellate jurists are on the fall retention ballot.
COA clarifies ‘expiration’ in driving suspension issue of first impression
In deciding an issue of first impression, the Indiana Court of Appeals reversed a man’s conviction after ruling that his driver’s license suspension had already expired at the start of the day before he was pulled over a few hours later.
Man’s pro se sentence appeal denied, but COA splits over process
A man convicted of sex crimes lost his argument on appeal that he had served the entirety of his sentence, but an appellate panel disagreed on how the man’s pro se complaint should have been treated in court.
Child support order remanded for further overpayment inquiry
The date of a daughter’s surgeries was overlooked by a trial court in determining whether a father had met his child support obligation, the Indiana Court of Appeals ruled Thursday, remanding the case.