308 results for 'court:"Indiana Court Of Appeals"'.
J. Bailey finds that the trial court properly divided property in a dissolution of marriage by calculating the value of a farm or the amount of marital debt at the time of the initial dissolution petition. Meanwhile, the court properly adjusted the wife's equalization payment for money she had paid for the husband's personal expenses during the dissolution process. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: December 19, 2023, Case #: 22A-DN-2801, Categories: Family Law
J. Crone finds that the trial court improperly ruled in a paternity action because the mother failed to present evidence indicating the child should have been granted special immigrant juvenile status or that the father had abandoned the child. Thus, the matter should return to the trial court to grant motions supporting the findings. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: December 13, 2023, Case #: 23A-JP-1436, Categories: Family Law, Immigration
J. Bradford finds that the trial court properly ruled in personal injury claims brought after a vehicle struck a pedestrian. The pedestrian failed to demonstrate the driver should have been compelled to produce cell phone evidence because evidence did not indicate the driver had been using the cell phone at the time of the accident. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: December 12, 2023, Case #: 23A-CT-303, Categories: Evidence, Negligence
J. Vaidik finds that defendant was properly convicted of battery because a specific piece of evidence the court initially declined to admit was eventually admitted into the record. Meanwhile, evidence indicated that defendant swung a long stick-like object at the victim and hit them in the head. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: December 11, 2023, Case #: 23A-CR-985, Categories: Evidence, Battery
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J. Weissmann finds that the trial court properly ruled in a zoning dispute over a shooting range because the property owners had been granted a permit to sell guns but not to have a shooting range on the property, and the owners failed to defend the zoning violation other than insisting county officials had not been allowed to enter the property. Meanwhile, attorney fees and sanctions were properly entered. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: December 7, 2023, Case #: 23A-CT-467, Categories: Sanctions, Zoning, Attorney Fees
J. Altice finds that the small claims court properly awarded tenants judgment based on the condition of the rental property since the property owner attempted to relitigate the facts of the case. In light of the bad faith appeal, the matter should be remanded to award attorney fees to the tenants. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 4, 2023, Case #: 23A-SC-973, Categories: Landlord Tenant, Attorney Fees
J. Brown finds that the trial court improperly ruled in negligence claims brought against a Muncie bar called Cheers because the bar and its employees did not have a duty to protect plaintiff from being attacked after he grabbed a woman between the thighs, and evidence indicates bar staff attended to him after he was thrown to the ground by another man. Reversed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: November 29, 2023, Case #: 23A-CT-683, Categories: Negligence
J. Vaidik finds that the trial court improperly granted custody of a child to the grandparents against the mother's wishes because even though the mother abandoned the children for more than a year in 2018, she has been living with her children for more than two years. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 28, 2023, Case #: 23A-JP-776, Categories: Family Law
J. Riley finds a lower court ruled correctly in convicting defendant on drug charges. Defendant raised a number of issues with his conviction, including what he said was the court’s consideration of uncharged conduct and circumstantial evidence, but evidence of defendant’s drug-dealing was not “purely circumstantial,” and there was sufficient evidence to convict him regardless. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-CR-604, Categories: Drug Offender, Evidence, Fair Trial
J. Riley finds a lower court ruled correctly in terminating the parental rights of two parents. The parents argued the decision was “clearly erroneous,” but both parents have struggled with substance abuse, and children “cannot wait indefinitely for their parents to work toward preservation or reunification.” Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-JT-1076, Categories: Family Law, Guardianship
J. Riley finds a lower court ruled correctly in convicting defendant of murder and other charges. Defendant argued the lower court abused its discretion, including by allegedly failing to give proper jury instructions on lesser offenses, but he fails to present a “cogent argument.” Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-CR-518, Categories: Murder, Due Process
J. Vaidik finds a lower court ruled correctly in convicting defendant on domestic abuse charges in an appeal concerning rules on jury instructions on “unanimity.” Despite defendant’s assertions to the contrary, a “special unanimity instruction” was not required in this case because the violence he was charged with was “part of one continuous episode” rather than discrete acts that the jury needed to evaluate separately. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 22, 2023, Case #: 23A-CR-1340, Categories: Assault, Domestic Violence, Jury Instructions
J. Crone finds a lower court ruled correctly in determining that ruling that several children were “in need of services.” The father argued there was not sufficient evidence to back up this claim because they had a grandparent to stay with, but the proposal of giving a grandparent temporary custody was never “independently pursued by any of the parties.” Affirmed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: November 21, 2023, Case #: 23A-JC-1285, Categories: Family Law, Guardianship
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: Drug Offender, Evidence, Probation
J. Weissmann finds that the trial court properly ruled in inverse condemnation claims concerning a dam built on plaintiffs' property because the state's requests to modify or remove the dam did not constitute a taking. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: November 15, 2023, Case #: 22A-PL-2899, Categories: Property