Indiana Court of Appeals

COA rules aggravating factors support consecutive sentences

February 24, 2017
Marilyn Odendahl
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
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COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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COA reverses drug convictions for lack of police inventory regulation

February 21, 2017
Olivia Covington
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
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Law firm miscue in small claims case gets no relief on appeal

February 17, 2017
Dave Stafford
A law firm that failed to respond to an Allen County small claims court’s inquiry about settlement discussions because the attorney handling the case had left the firm got no relief Friday from the Indiana Court of Appeals.
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Fight over Knightstown demolition sent back to trial court

February 16, 2017
Dave Stafford
A man who owns a building on Knightstown’s Main Street can proceed with his lawsuit after the town lost some rulings in its favor on interlocutory appeal.
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COA tosses conviction after unlawful arrest

February 16, 2017
Marilyn Odendahl
Testimony of police officers who stopped a man for walking on the wrong side of the road, then arrested him for intimidation and resisting law enforcement should not have been admitted at trial, the Indiana Court of Appeals has ruled.
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COA orders man to pay remaining balance on lease of totaled car

February 15, 2017
Olivia Covington
A divided panel of the Indiana Court of Appeals has affirmed an order requiring a man to pay the remaining balance on the lease of a woman’s car after he totaled it in a collision for which he was found to be completely at fault.
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Court of Appeals reverses convictions after due process violation

February 15, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a man’s convictions of neglect of a dependent and battery after finding that his due process rights were violated when the state withdrew its plea agreement after he had pleaded guilty.
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COA: All properties in stormwater district contribute to stormwater system

February 15, 2017
Olivia Covington
All property owners within a stormwater district “contribute to” the stormwater system, regardless of whether the property drains into the system, the Indiana Court of Appeals held Wednesday in a case that forces property owners in Richmond to pay a stormwater fee.
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Man's sentence challenge rejected by appellate court

February 15, 2017
Olivia Covington
In his third appeal before the Indiana Court of Appeals, a Marion County man’s sentence for rape, criminal deviate conduct and burglary have been affirmed after the appellate court found that a motion to correct sentence was not the appropriate remedy for his claim.
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COA: Dirty pictures allowed by Legislature

February 14, 2017
Marilyn Odendahl
Revisiting the question of whether sending sexually explicit photographs to a 16- or 17-year-old is permitted under state law, the Indiana Court of Appeals upheld its earlier ruling by finding the Legislature’s inaction to amend the statute implies dirty pictures are suitable for these teens.
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COA affirms setback distance for Eastern Indiana wind farm

February 14, 2017
Jennifer Nelson
The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.
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COA affirms termination of parental rights

February 14, 2017
Dave Stafford
The Indiana Court of Appeals rejected the arguments of a father with a history of domestic violence and other criminal convictions who said evidence was improperly admitted to terminate parental rights to his three daughters.
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COA allows Vectren to move forward with coal-powered plants project

February 14, 2017
Olivia Covington
An Indiana energy company can proceed with its plans to bring two of its coal-powered plants into compliance with federal emissions standards after the Indiana Court of Appeals rejected an appeal to force the company to build natural gas plants instead.
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COA throws out jury’s $550,000 defamation, blacklisting verdict

February 14, 2017
Dave Stafford
A jury’s $550,000 defamation and blacklisting verdict in favor of a former school athletic director in northwestern Indiana was overturned Tuesday by the Indiana Court of Appeals.
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COA overturns bestiality conviction based on confession

February 9, 2017
Olivia Covington
Although a Delaware County man admitted to sexually assaulting his roommate’s dog, the Indiana Court of Appeals overturned the man’s bestiality conviction Thursday because the prosecution failed to establish a corpus delicti.
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COA affirms convictions of man involved in fatal police chase

February 8, 2017
Olivia Covington
The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.
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COA considers new allegations in medical malpractice cases

February 8, 2017
Olivia Covington
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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Groth asks Supreme Court to order release of Pence emails

February 7, 2017
 Associated Press, IL Staff
An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.
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COA affirms summary judgment against Celadon in class action

February 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
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COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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