Appellate court to hear arguments in Fishers
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
Justices/Judges
Articles
Judge’s collection inspired military museum in Vincennes
After starting his collection of World War II memorabilia as a child, almost three decades ago a judge in southern Indiana had amassed enough artifacts, including jets and tanks, to open a museum in Vincennes.
Local courts, educational program named after 3 Indiana jurists
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
Court splits on duty owed by independent contractor
An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.
Social-services recipients entitled to injunctive relief
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
COA: Man’s intoxication doesn’t prevent recovery
The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
Court orders attorney’s fees following bad faith appeal
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
Judges: Officers lacked reasonable suspicion to stop and detain man
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
Rule inapplicable as witness’s credibility not attacked
The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.
Indiana traffic court issues dent judiciary’s public perception
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
Judges reverse support modification for lack of jurisdiction
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
Appellate court affirms judgment in coverage dispute
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
COA: Summary judgment wrong in foreclosure suit
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.
Judges uphold OWI conviction
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
Appellate court finds garage insurance policy doesn’t cover injuries
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
Judges remand securities fraud case on statute-of-limitation issue
The Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities fraud because the charges fall outside the statute of limitation.
Dismissal of delinquency petition doesn’t endanger public
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
COA: State could charge man for leaving scene of fatal accident
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
High court vacates transfer order
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
Court divided on invasion of privacy charge
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.