Indiana Court of Appeals

Court rules on appellate counsel issue in child molesting case

June 25, 2010
Michael Hoskins
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second highest appellate court has ruled.
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Justices adopt appellate court findings

June 25, 2010
Michael Hoskins
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.
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Judges affirm elevated drug convictions

June 24, 2010
Jennifer Nelson
The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.
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Translated transcripts necessary for jury

June 23, 2010
Jennifer Nelson
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
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Justices dismiss DCS transfer petition

June 23, 2010
IL Staff
The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the Indiana Court of Appeals ruled in favor of the DCS.
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Court: refusal to identify law applies to passengers

June 22, 2010
Michael Hoskins
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.
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Checkpoint doesn't violate separation of powers

June 21, 2010
Jennifer Nelson
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the Indiana Court of Appeals ruled today.
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COA: negligence claim should go to trial

June 18, 2010
Jennifer Nelson
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
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COA upholds stop of teen with gun

June 17, 2010
Jennifer Nelson
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded the juvenile court’s comments to the teen’s father don’t require a remand.
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Gaming agents have full police power

June 17, 2010
Jennifer Nelson
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense of resisting law enforcement, the Indiana Court of Appeals decided today.
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COA reverses modification of juvenile's probation

June 16, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence to support alleged probation violations to justify the placement modification.
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COA: Officer's observation didn't violate man's rights

June 15, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve a warrant.
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Court: juveniles can be placed on sex offender registry

June 14, 2010
Michael Hoskins
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from ordering juveniles to register as sex offenders.
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COA refuses to rule defendants get blanket immunity

June 11, 2010
Jennifer Nelson

The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges also ruled the health-care providers weren’t entitled to blanket immunity.

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Court rules on liability in nursing home accident

June 10, 2010
Michael Hoskins
The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:

What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
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Judges uphold sentence increase on appeal

June 10, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
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Court rules on literacy program, educational credit time

June 9, 2010
Michael Hoskins
While applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider to fit into its definition of “literacy and life skills” programs.
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Justices asked to revisit Indian family law

June 9, 2010
Michael Hoskins
At least one Indiana Court of Appeals judge believes the state’s highest court should revisit how it applies a three-decade old statute to tribal Indian family adoption issues inside Indiana.
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Articles about pending cases raise concernsRestricted Content

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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Man's suit filed after all statutes of limitations

June 9, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of a city park, but that his suit is barred by statutes of limitations.
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5 appeals judges up for retention

June 3, 2010
Michael HoskinsMore

Court sets drug-court termination requirements

May 28, 2010
Elizabeth Brockett
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was terminated without minimum due process.
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COA: Breathalyzer certificate is not testimonial

May 28, 2010
Rebecca Berfanger
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
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Justices vacate transfer grant, reinstate COA ruling

May 27, 2010
Michael Hoskins
The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken driving case.
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Court rejects stale trash evidence argument

May 26, 2010
Michael Hoskins
The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage had been collected in the past two weeks and that seized material could have been too old.
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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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