Indiana Court of Appeals

Woman’s criminal recklessness, battery convictions against husband affirmed

September 20, 2016
Olivia Covington
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
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Supreme Court takes post-conviction case of convicted murderer

September 19, 2016
Olivia Covington
The Indiana Supreme Court will decide if a man convicted of murder in 1996 should be granted post-conviction relief based on the fact that his trial counsel was ineffective and his petition is not barred by laches.
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K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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Mother fails to prove entitlement to coverage after untimely payment

September 16, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a Hendricks County woman’s insurer on her suit alleging breach of contract after the insurance company declined to cover her son’s auto accident, which occurred after she let her coverage lapse for nonpayment.
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COA: Defrauded Logansport business can’t sue Michigan law firms here

September 16, 2016
Dave Stafford
A Logansport businessman who was defrauded of more than $20,000 cannot use Indiana courts to sue the Michigan law firm whose client was later convicted of wire fraud, the Indiana Court of Appeals ruled Friday.
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Appeals court affirms decision to strip parental rights

September 15, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
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Property award to ex-girlfriend of longtime boyfriend affirmed

September 14, 2016
Jennifer Nelson
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
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COA affirms health services provider in contempt for not producing records

September 14, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed that Meridian Health Services was in contempt of court when it failed to provide a patient’s father with her health records after a subpoena ordered the health services provider to do so.
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COA affirms conversion judgment against mortgage lender

September 14, 2016
Dave Stafford
A mortgage company lost its appeal of a ruling that it effectively stole the Muncie property from its borrower, who is entitled to $158,392.50 in damages, including $74,000 under the Indiana Crime Victims Relief Act.
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COA: Discovery rule applies in inverse condemnation action against Duke Energy

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Monroe Circuit Court decision to dismiss a complaint against Duke Energy after finding that the trial court erred when it ruled that the statute of limitations for the complaint had expired.
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COA orders couple to pay fees to lot owner’s association

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has ordered a couple to pay a Bartholomew County lot owner’s association $6,000 in assessment fees despite the couple’s claim that they are not members of the association.
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Court of Appeals upholds denial of request to set aside 1997 divorce decree

September 9, 2016
Olivia Covington
The denial of a woman’s request to set aside her divorce decree nearly 20 years after the end of her marriage because of fraud on the part of her ex-husband has been upheld by the Indiana Court of Appeals.
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COA affirms felony battery conviction; no evidentiary dispute of substantial pain

September 9, 2016
Olivia Covington
The Indiana Court of Appeals upheld a felony battery conviction on Friday despite the defendant’s claim that he should have only been charged with a misdemeanor.
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On rehearing, appeals court reins in DCS on CHINS custody change

September 8, 2016
Dave Stafford
The Department of Child Services lost on rehearing its argument that a custody modification ordered in a child in need of services case survives the CHINS proceeding.
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COA: third-party perpetrator evidence not relevant

September 8, 2016
Marilyn Odendahl
A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.
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Circumstantial evidence supports murder conviction

September 8, 2016
Marilyn Odendahl
Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.
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Appeals court orders physical custody of child back to father

September 8, 2016
Olivia Covington
A mother has lost primary physical custody of her daughter after the Indiana Court of Appeals decided on Thursday to reverse and remand a decision that would have taken the daughter out of the custody of her father and instead place her in the primary custody of her mother.
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Bad-faith deal after bar assault clears insurer

September 8, 2016
Dave Stafford
Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.
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COA finds notice on out-of-state parties sufficient to affirm

September 8, 2016
Dave Stafford
Lawyers for a man injured in a crash involving a tractor-trailer sufficiently served the truck driver and the transport company, the Indiana Court of Appeals ruled Thursday in affirming a default judgment in favor of the injured driver.
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Builder’s statute of limitations defense prevails in COA

September 8, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.
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COA reverses resisting law enforcement convictions based on video evidence

September 8, 2016
Olivia Covington
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
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COA affirms developer’s liability on defaulted property

August 31, 2016
Jennifer Nelson
A real estate developer whose project had to be sold after the company defaulted on the mortgage is on the hook for nearly half the owed price based on a contract he signed as guarantor, the Indiana Court of Appeals affirmed.
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Man who parked car on I-94 must face OWI causing death charge

August 31, 2016
Jennifer Nelson
Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.
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Man entitled to serve sentence in jail, not DOC

August 31, 2016
Jennifer Nelson
The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.
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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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