Indiana Court of Appeals

COA reverses modification of child support order

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has reversed the modification of a child support ordering, finding that there were no substantial and continuing circumstances to justify the change.
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Appellate court rules teen's pending cases should be in adult court

February 28, 2017
Olivia CovingtonMore

COA affirms dismissal of PCR petition

February 24, 2017
Jennifer Nelson
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
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Acupuncture clinic fails to prove point before COA

February 24, 2017
Jennifer Nelson
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
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Judges divided on retrial for voluntary manslaughter

February 24, 2017
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
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Toddler’s testimony supports adjudication as a delinquent

February 24, 2017
Marilyn Odendahl
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
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COA affirms sentence for man who violated drug court rules

February 24, 2017
Marilyn Odendahl
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
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Judges reverse resisting law enforcement conviction

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
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COA affirms denial of motion to suppress traffic stop evidence

February 24, 2017
Olivia Covington
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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COA orders return of bond balance

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
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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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  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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