Man who missed trial loses OWI appeal
A man convicted of a drunken driving charge despite not being present at his own trial has failed to convince the Indiana Court of Appeals that his convictions should be overturned.
Judge Robert Altice
Articles
Ruling barring Abercrombie & Fitch from closing Simon stores upheld
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
Morgan County man’s order to pay $16k for property affirmed, COA rules
A man who failed to pay more than $15,000 for property he agreed to purchase could not convince the Indiana Court of Appeals on Thursday that he was wrongly ordered to hand over the money.
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.
COA affirms reincarceration of man erroneously released years early
A man who was erroneously released from prison more than two years early must return to the Department of Correction after the Indiana Court of Appeals declined to adopt a doctrine that would award him credit for the time he was free.
COA affirms denial of mom’s request to relocate in parenting dispute
The Indiana Court of Appeals has upheld an order denying a mother’s request to relocate, finding her move from South Bend to Chicago would not be in the child’s best interest.
Appeals court upholds judgment for 4 cities in RFRA lawsuit
A lawsuit challenging Indiana’s controversial Religious Freedom Restoration Act will not proceed, for now, after the Indiana Court of Appeals declined to reverse summary judgment for four cities with nondiscrimination ordinances. The appellate panel found that the conservative organizations challenging the RFRA “fix” lacked standing to challenge the ordinances on free speech and religious exercise grounds.
Weissmann selected to succeed Baker on Indiana Court of Appeals
Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.
Appeals court reverses suppression of evidence in stolen gun case
The grant of a motion to suppress all evidence found in a man’s home during a search by police has been reversed, with the Indiana Court of Appeals finding a reasonable probability for law enforcement to believe that a stolen gun would be there.
Appellate panel affirms IURC jurisdiction over Muncie sewer dispute
The Indiana Utility Regulatory Commission did not overstep its bounds when it granted a municipal sewer company exclusive license to do business in unincorporated areas near Muncie, the Indiana Court of Appeals has ruled, finding Indiana Code gave the IURC jurisdiction in the Delaware County dispute.
Reversal: COA orders jury trial for man who did not knowingly waive right
A Pulaski County man will now have a jury trial after the Indiana Court of Appeals reversed his driving-related convictions Thursday, finding he did not knowingly waive his right to a jury trial.
Man’s suit to save house from demolition untimely, appeals court affirms
A Huntington man who sued the city in an effort to block the demolition of his dilapidated property went to court too late, the Indiana Court of Appeals ruled Thursday in upholding the dismissal of his lawsuit.
Split COA affirms for Hamilton Co. Convention Center owner in defamation case
Judgment for the Hamilton County Convention Center’s owner was upheld by a divided appeals panel Thursday in a former employee’s defamation suit. It’s the latest chapter in a long-running litigation saga involving cross-claims of unpaid wages and employee theft.
Man loses PCR bid against criminal contempt sentences
A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.
Appeals court tosses murder conviction due to lack of jury instruction
A unanimous panel of the Indiana Court of Appeals threw out a man’s murder conviction Monday after finding that the Marion Superior Court abused its discretion in refusing to provide the jury an instruction on reckless homicide.
Judgment affirmed for bank in mortgage foreclosure
The Indiana Court of Appeals has affirmed an award of summary judgment for a bank and trust company in a mortgage foreclosure case brought by a Noblesville couple, rejecting the couple’s evidentiary challenges.
COA halts bid to recoup hundreds of millions in motor carrier fees
An appeals court on Friday affirmed a judgment for the Indiana Department of Revenue in a class-action lawsuit that sought to recoup hundreds of millions of dollars in state motor carrier fees trucking companies paid online.
COA upholds Indiana jurisdiction in dispute involving German manufacturer
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
COA heads to Adams Co. to hear hit-and-run case
The Indiana Court of Appeals will travel northeast next week to hear arguments in a case involving a man charged in a fatal hit-and-run.
Divided COA lets man stay in disputed final resting place
A man mistakenly buried at a gravesite that had already been sold to another individual will continue to rest in peace after the Indiana Court of Appeals declined to order the cemetery to exhume the man and relocate his grave. A dissenting judge, however, said Indiana statute and legal principles require the cemetery to correct the “wrongful entombment.”