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Opinions Dec. 31, 2015

Indiana Court of Appeals
Nathan Polson v. State of Indiana
55A01-1504-CR-135
Criminal. Affirms conviction of Level 5 felony carrying a handgun without a license, rejecting Polson’s argument on appeal that the trial court abused its discretion because he claims the gun was seized by police in violation of the Fourth Amendment of the Constitution.

COA affirms weapon charge after suspicious person call

A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.

Trucker’s widow entitled to prejudgment interest, COA decides

The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.

Injured moped driver entitled to new trial

The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.

COA re-enters molestation conviction, rejects evidence challenge

A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.

Majority: Expungement applies to civil forfeiture action

In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.

Bill pushes to replace administrative law judges

The chairman of the Indiana Senate Judiciary Committee has introduced Senate Bill 1, a 119-page proposal that would replace administrative law judges with an administrative court made up of nine judges appointed by the governor.

COA: Doctor had duty to nurse practitioner’s patient who died

An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.

Lawyer: Trump comments could bias jurors in terrorism case

Republican presidential candidate Donald Trump's call for a ban on Muslim immigration into the United States will make it difficult to find unbiased jurors for the trial of a man accused of supporting al-Qaida in the Arabian Peninsula, the man's lawyer is arguing in court papers.

Consent amid wine, pills to be a key question in Cosby case

Entertainer Bill Cosby has long maintained that his extramarital conquests over the years were all consensual. A jury may ultimately decide if that's true after the 78-year-old actor was arrested Wednesday on felony assault charges in suburban Philadelphia stemming from a 2004 encounter with a former Temple University employee less than half his age.

Opinions Dec. 30, 2015

Indiana Court of Appeals
Charles S. Whitham v. State of Indiana
39A01-1504-CR-134
Criminal.  Affirms Whitham’s conviction of Class A felony attempted murder but sua sponte reverses his remaining convictions of Class B felony aggravated battery, Class B felony battery, Class C felony battery and Class D felony strangulation because each of these were a lesser-included offense to his conviction for attempted murder. Remands for the trial court to vacate these offenses.

County scores partial victory on mall assessments

The Marion County assessor, who argued the values assigned to Washington Square mall for 2006-2010 were too low, will see an uptick in the assessed value of the mall in three of those years following a ruling from the Indiana Tax Court.