308 results for 'court:"Indiana Court Of Appeals"'.
J. May finds that the trial court properly revoked defendant's probation because the conditions of the plea agreement concerning child exploitation charges were not vague, and defendant's refusal to admit his illegal behavior constituted a violation. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 15, 2024, Case #: 23A-CR-1871, Categories: Probation, Sex Offender
J. May finds that defendant was improperly convicted of child molesting. The juvenile court lost jurisdiction over defendant and his criminal actions when he turned 21, and the criminal court lacked jurisdiction to try him for conduct that occurred when he was a minor. The gap in jurisdiction has been addressed in a new law, but fairness precludes retroactive application to defendant. Reversed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 10, 2024, Case #: 23A-CR-330, Categories: Juvenile Law, Sex Offender, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Vaidik finds that the trial court improperly allowed plaintiff's son to invoke the anti-SLAPP defense in defamation claims because the son's accusations that plaintiff committed domestic violence against his mother decades before did not concern a public issue. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: May 8, 2024, Case #: 23A-CT-2178, Categories: Anti-slapp, Defamation
J. May finds that the lower court properly denied defendant a jury instruction on parental privilege in his trial for intimidation and battery because defendant's actions in threatening his child with a knife did not fall under parental privilege. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 1, 2024, Case #: 23A-CR-1060, Categories: Jury, Battery
J. Mathias finds that the trial court properly ruled in foreclosure claims because the bank was within its power to seek foreclosure of a surety agreement used to secure a farm loan. Meanwhile, one contracted party cannot be absolved of his obligations simply because the bank and other parties made modifications to the contract. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: May 1, 2024, Case #: 23A-MF-1986, Categories: Banking / Lending, Foreclosure
J. Pyle finds that defendant was properly convicted of battery. Defendant waived his argument to challenge testimony provided by a doctor because he objected on different grounds during trial. Meanwhile, any error regarding the evidence would be harmless in light of the totality of the facts surrounding the severity of the victim's injuries. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: April 30, 2024, Case #: 23A-CR-2367, Categories: Evidence, Battery, Experts
J. Kenworthy finds that the trial court improperly ruled in claims seeking access to public records because Indiana law allows the office of the inspector general to issue advisory opinions if requested, and those opinions are confidential. Thus, the attorney general was within his right to deny access to an opinion he had requested from the inspector general's office. Reversed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: April 29, 2024, Case #: 23A-PL-705, Categories: Public Record
J. Mathias finds that the trial court improperly held that the city was required to provide plaintiff health insurance in employment claims because plaintiff was not a full-time employee merely for being a councilman. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 29, 2024, Case #: 24A-PL-418, Categories: Employment
J. Pyle finds that the trial court properly found for prison employees in a prisoner's civil rights claims contending an employee was loud, disruptive, and disrespectful. Meanwhile, the prisoner was properly temporarily removed from employment in the law library since the prisoner's comments on the restroom policy did not constitute speech protected under the first amendment. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: April 26, 2024, Case #: 23A-CT-201, Categories: Civil Rights, Constitution, Prisoners' Rights
J. Baker finds that the trial court improperly ruled in a dispute over a non-compete agreement by failing to consider the disservice that would be done to the public by enforcing the agreement on a doctor, which would deprive him from serving patients. The hospital does not possess other doctors practicing the same specialty, and thus the restrictive agreement does nothing but prevent the doctor from practicing in a specific area. Reversed.
Court: Indiana Court Of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 23A-PL-2111, Categories: Employment, Contract
J. Riley finds that the trial court properly held defendant in contempt and ordered her to serve 90 days in jail for lying three times in court about the existence and death of a child who did not exist, as the lies made it impossible for child services to determine if the child was real. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: April 24, 2024, Case #: 23A-JM-2671, Categories: Contempt, Family Law
J. Bradford finds that the trial court properly upheld an insurer's refusal to cover an accident involving two tractor-trailers because plaintiff did not meet all license requirements under the policy, and the insurer did not act in bad faith. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: April 22, 2024, Case #: 23A-PL-3044, Categories: Insurance
J. Altice finds that the trial court properly ruled in civil rights claims because evidence indicates an inmate was provided regular access to medical care, and nothing indicates correctional officers acted indifferently toward him. Meanwhile, the inmate failed to establish he suffered injury absent a showing that he served time in jail based upon levied sanctions. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: April 18, 2024, Case #: 23A-CT-1564, Categories: Civil Rights, Negligence, Prisoners' Rights
J. Weissmann finds that the trial court improperly ruled in breach of contract claims because facts remain in dispute as to whether the parties orally agreed to form the company as equal members, and the business was entitled to a jury trial. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: April 17, 2024, Case #: 23A-PL-1383, Categories: Contract
J. Mathias finds that the trial court properly allowed plaintiff, a member of the church board of trustees, to continue negligence claims brought after he fell from a ladder while doing construction work on a shed because worship did not take place where the shed was located, and thus the case was not subject to statute regarding personal injuries in places of worship. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 15, 2024, Case #: 23A-CT-1728, Categories: Property, Negligence