COA rejects due process complaints, affirms probation revocation
A man claiming due process violations in the revocation of his probation will continue to serve his suspended sentence in prison after the Indiana Court of Appeals rejected his appeal.
Judge Nancy H. Vaidik
-
Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
Read More
Articles
Divided COA flushes attorney fees, equipment costs in sewer judgment
Northern Indiana property owners were relieved of the bulk of a court order requiring them to pay more than $48,000 to connect to a sewer system, including a ruling on appeal voiding an award of more than $20,000 in attorney fees to the sewer district.
COA majority holds Clark Co. REMC breached insurance contract, but dissent finds ‘logical fallacy’
A local utility breached its contract with its former directors when it revoked their health insurance coverage, a majority of the Indiana Court of Appeals has ruled. A dissenting judge, however, found that the majority engaged in a “logical fallacy” in holding that the utility was obligated to continue providing coverage to the plaintiffs.
Justices: Juvenile convicted of attempted murder failed to show parent ‘essential’
When juvenile defendants are tried in adult court, parents who are also witnesses may be excluded from witness-separation orders if their children establish them as “essential” to the presentation of evidence, the Indiana Supreme Court has ruled. However, applying that holding to the facts of the case before them, justices concluded an Elkhart County teen failed to establish his mom was “essential” to his attempted murder defense.
COA slashes 18-year DOC sentence, orders treatment for drug offender
A man sentenced to 18 years after being convicted in a drug sting operation will only serve four of those years in prison, the Indiana Court of Appeals has ruled, reversing a sentencing order that did not allow for probation or substance abuse treatment.
Father must consent to stepfather’s adoption of children, appellate court rules
The adoption of two children by their stepfather after their mother died cannot proceed without their father’s consent, the Indiana Court of Appeals ruled Thursday, reversing a trial court order.
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.
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
COA rules against gun range owners despite officials’ failure to take oaths
Though certain Jefferson County officials failed to take their oaths of office, that failure does not invalidate the officials’ zoning complaint against a local couple, the Indiana Court of Appeals has ruled.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
Split COA reverses post-conviction denial in teen murder case
A split Indiana Court of Appeals has reversed the denial of a teenager’s petition for post-conviction relief of his murder conviction, finding his attorneys performed deficiently in a 2017 trial related to the fatal shooting of a South Bend toddler.
COA upholds gang-related sentence enhancement
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
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.
Molest sentence, convictions reduced due to late amended charges
The sentence of a man convicted of child molesting was reduced and some of his convictions were vacated Monday by the Indiana Court of Appeals, which found the filing of top-level felony counts two weeks before the trial began was an abuse of discretion.
Indiana to switch to Uniform Bar Exam in 2021
Indiana has decided to join the growing majority of states and adopt the Uniform Bar Exam in July 2021, according to an announcement Tuesday from the Indiana Supreme Court. Justices also announced Tuesday that the February 2021 Bar Exam will be given remotely.
Off-duty Kroger employee’s theft conviction for ‘mislaid’ money reversed
The Indiana Court of Appeals has reversed a ruling against an off-duty grocery store employee after he took money from a self-checkout machine, finding his conviction could not stand under an existing theft statute.
COA reaffirms decision in statement suppression dispute
The Indiana Court of Appeals has reaffirmed its previous ruling that upheld suppression of statements made to police in a child molesting case after granting a request for rehearing by the state.
New Supreme Court double jeopardy tests lead to COA reversal
An appellate panel has reversed a man’s confinement and kidnapping convictions for violations of substantive double jeopardy, following the lead of two recent Indiana Supreme Court decisions that changed the double jeopardy analysis.
Reversal: Man who knocked girlfriend off scooter did not voluntarily assume her care
A man who knocked his obese girlfriend off an electric scooter and onto the ground has had his felony domestic battery conviction reversed by the Indiana Court of Appeals.
Split COA reverses for Notre Dame in woman’s negligence suit
A divided Indiana Court of Appeals panel on Tuesday reversed in favor of the University of Notre Dame in a negligence dispute brought by a woman who broke her shoulder after tripping during a basketball game.