Indiana Court of Appeals

Court reverses marijuana, nuisance convictions

February 18, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s convictions after finding the probable cause affidavit did not contain enough information to support issuing a search warrant.
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COA affirms intimidation conviction

February 18, 2016
Scott Roberts
The Indiana Appeals Court affirmed a Level 6 felony intimidation charge against Demetrius Holloway after Holloway challenged the sufficiency of the evidence supporting his conviction.
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Judges uphold sentence, find prosecutorial misconduct claim moot

February 16, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s convictions and sentence for possession of cocaine, resisting law enforcement and misdemeanor possession of marijuana, among other charges.
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COA: Neither party entitled to summary judgment in ‘household’ definition dispute

February 16, 2016
Jennifer Nelson
The Indiana Court of Appeals held summary judgment is inappropriate for either party in a lawsuit seeking to declare a woman who was renting a home as a member of the household of the homeowners for insurance purposes.
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Logger’s theft convictions stands on appeal

February 16, 2016
Dave Stafford
A southern Indiana logger convicted of three counts of theft after he reneged on agreements to equally split proceeds with landowners for timber he harvested from their property lost his appeal Tuesday. The Indiana Court of Appeals rejected his claims he was denied a speedy trial and the evidence was insufficient.
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COA upholds jury verdict in fired worker’s complaint

February 16, 2016
Scott Roberts
The Indiana Court of Appeals upheld a ruling from Elkhart Superior Court that a man was entitled to $412,680 in compensatory and punitive damages after his employer fired him without cause after he filed a workers’ compensation claim.
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Woman loses appeal of request for protective order

February 16, 2016
Scott Roberts
The Indiana Court of Appeals has denied the appeal of a woman seeking a protective order against a man who she claims allegedly committed a sex act against her.
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Party not aggrieved by vacation of alley by university

February 12, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property, finding property owners were not aggrieved by the vacation.
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Appeals court clarifies home improvement contract ruling

February 10, 2016
Jennifer Nelson
The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.
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COA reverses man’s pro se request for change of judge

February 10, 2016
Jennifer Nelson
Because a man failed to file an affidavit concerning why he wanted a change of judge in a code violation case, as required by statute, the Indiana Court of Appeals reversed the grant of his request for a change of judge.
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Inaccurate property description does not render mortgage invalid

February 9, 2016
Marilyn Odendahl
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
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Arrest, search of woman who walked from police unconstitutional

February 9, 2016
Dave Stafford
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
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Decision against trying to bifurcate did not prejudice jury

February 8, 2016
Marilyn Odendahl
Refusing to second-guess trial strategy, the Indiana Court of Appeals found an East Chicago man did not meet his burden to prove he had ineffective counsel.
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Court orders portion of roof removed due to trespass

February 5, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
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COA rejects BMV’s request for relief from judgment

February 4, 2016
Jennifer Nelson
The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.
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COA affirms negligence action barred against woman’s employer

February 3, 2016
Jennifer Nelson
An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.
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COA: CDL holder cannot enter diversion program for alcohol offenses

February 2, 2016
Jennifer Nelson
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
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Doctors’ affidavits cannot defeat summary judgment

February 1, 2016
Jennifer Nelson
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
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COA declines to extend civil ruling to PCR case

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
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Dog sniff during traffic stop did not violate Constitution

January 29, 2016
Marilyn Odendahl
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
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Court split on whether defendant’s actions were proximate cause of injury

January 29, 2016
Jennifer Nelson
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
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Appeals court reduces woman’s restitution order

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.
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COA dismisses credit card debt appeal

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.
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COA: Survivor benefit plan is a marital asset

January 27, 2016
Jennifer Nelson
Ruling on an issue barely touched upon in a previous decision, the Indiana Court of Appeals determined that a survivor benefit plan of a military pension should have been included in the marital pot when calculating asset distribution in a divorce.
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COA agrees man’s Ohio convictions don’t support SVF charges

January 22, 2016
Jennifer Nelson
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
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