Indiana Court of Appeals

$25M verdict poses tough questions for COA

August 10, 2016
Marilyn Odendahl
Hearing arguments about a case that resulted in what may be among the largest awards for loss of consortium, the Indiana Court of Appeals repeatedly questioned what amount of damages is too much and when a jury’s decision should be overturned.
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COA splits over earliest, latest possible release dates

August 9, 2016
Dave Stafford
Two of three judges on an Indiana Court of Appeals panel urged lawmakers to revisit a requirement that trial courts advise convicts of their earliest and latest possible release dates, but a third judge dismissed the majority’s position that the requirement “imposes an impracticable burden on our trial courts.
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Pro se inmate wins appeal of sentence modification

August 5, 2016
Dave Stafford
An inmate’s pro se legal briefs arguing for a modification of his 70-year drug sentence impressed the Indiana Court of Appeals, who granted him another chance to make his case that he deserves leniency as a model prisoner who made the best of his time behind bars.
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Murderer deprived court record gets new shot at relief

August 5, 2016
Dave Stafford
A man convicted of killing a female co-worker whose skeletal remains were found in a Johnson County marsh was denied an opportunity to use the court record to plead his counsel was ineffective as he sought post-conviction relief, the Indiana Court of Appeals ruled Friday.
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COA affirms probation revocation

August 5, 2016
Dave Stafford
A man failed to persuade the Indiana Court of Appeals that revocation of his probation on a drug charge was barred by the doctrine of res judicata because his placement in community corrections had already been revoked.
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COA: Intimidation statute doesn’t require detailed timeline of threat

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s intimidation conviction, finding it was reasonable for the jury to conclude that the defendant threatened the victim for interrupting an argument.
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Reversal: Kroger must face claim for filling script in wrongful death case

August 4, 2016
Dave Stafford
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
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Split COA tosses robbery convictions pegged to cellphone data

August 4, 2016
Dave Stafford
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
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COA affirms plaintiff can’t succeed on environmental action claims

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed Thursday that based on the statute of limitations the owners of contaminated land can’t assert environmental claims against previous owners of the land who contributed to the contamination.
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COA senior judge reprimanded for OWI conviction

August 3, 2016
IL Staff
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
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Judges divided over sentence review under Appellate Rule 7(B)

August 2, 2016
Jennifer Nelson
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
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Statute, plea agreement do not preclude converting felony to misdemeanor

August 2, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
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Justices decline newborn blood sample case

August 1, 2016
IL Staff
The Indiana Supreme Court will not hear the appeal of an Indiana couple who wanted their child’s blood, taken when she was born, destroyed instead of being stored by the state.
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COA: investors owed reimbursement

July 29, 2016
Marilyn Odendahl
Although a reversal in the Indiana Court of Appeals handed an investment firm a reimbursement, the amount of funds to be returned is unknown since the trial court was left to figure the sum.
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Court affirms suppression of drug evidence found in jail strip search

July 29, 2016
Jennifer Nelson
A trial court correctly granted the motion of a man arrested in Marion County to suppress drug evidence found in his buttocks after he was stripped search as a result of a misdemeanor battery charge, the Indiana Court of Appeals affirmed.
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COA finds double jeopardy requires vacating criminal recklessness conviction

July 29, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide which of a man’s two convictions that violated double jeopardy prohibitions to vacate, and determined that his Level 6 felony criminal recklessness conviction should be vacated because it has the less severe penal consequence.
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Mother to be sanctioned for willfully denying parenting time

July 29, 2016
Jennifer Nelson
A mother that has prevented her son from seeing his father since 2009 and purposefully disobeyed parenting time orders and contempt orders must be sanctioned, the Indiana Court of Appeals ruled Friday.
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COA: Trial Rule 41(E) requires hearing on PCR petition

July 29, 2016
Jennifer Nelson
A trial court should have followed Indiana Trial Rule 41(E) and held a hearing before dismissing an inmate’s petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.
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Court orders reconsideration of petition for credit time

July 29, 2016
Jennifer Nelson
Because the post-conviction court denied an inmate’s petition for credit time without considering whether he had exhausted administrative remedies, the Indiana Court of Appeals sent the case back for reconsideration.
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Offender on parole gets probation revocation reversed

July 29, 2016
Marilyn Odendahl
Even though he violated the terms of his probation, an offender should not have been ordered back to jail because at his release Indiana Department of Correction made a mistake and put him on parole.
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Judge: Man should be civilly committed, not incarcerated

July 28, 2016
Jennifer Nelson
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
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COA: Father should have custody of children

July 28, 2016
Jennifer Nelson
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
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COA: Parents’ actions do not support CHINS findings

July 28, 2016
Jennifer Nelson
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
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COA upholds convictions of man who targeted Burmese

July 27, 2016
Jennifer Nelson
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
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Majority: Trooper’s questioning violated Seatbelt Enforcement Act

July 27, 2016
Jennifer Nelson
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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