COA affirms TPR order despite error in findings, conclusions
The Court of Appeals of Indiana affirmed a lower court’s termination of parental rights order despite what it called an “obvious error” in the order.
Cass County
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COA reverses reckless homicide conviction after distracted driving evidence wrongly excluded
The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.
Justices reverse convictions for man denied Pirtle rights, but concurrence suggests revisiting Pirtle
A Cass County man convicted of multiple felonies after police responded to a report of a possible robbery at his home has secured a reversal from the Indiana Supreme Court after convincing the justices his Pirtle rights were violated during a police search. However, one justice, while concurring, suggested the high court take another look at Pirtle in the future.
Repeating previous holdings, 7th Circuit dismisses officer’s appeal of qualified immunity denial
Repeating a point that has been made “many times,”’ the 7th Circuit Court of Appeals on Friday dismissed an officer’s interlocutory appeal challenging the denial of qualified immunity, with the court reiterating that it does not have jurisdiction over such appeals if there is a factual dispute.
COA: Open door lawsuit requires a bond to continue
Residents of Cass County who challenged the local government’s actions to lure a zinc oxide manufacturing facility to their community will have to put more skin in the game to continue their fight after the Court of Appeals of Indiana found they filed a public lawsuit that requires the setting of a bond.
IN Supreme Court to hear final March oral arguments
The final oral arguments Indiana Supreme Court justices will hear this month concern whether a preliminary instruction was given in error to a jury regarding a man’s unlawful possession of a firearm.
COA affirms convictions of man who attempted to rape granddaughter, but remands for clarification
While the Court of Appeals of Indiana didn’t overturn a Logansport man’s convictions for attempting to rape his granddaughter, the Cass Circuit Court will need to go back and clarify the record on his judgment and sentencing.
Justices order for resentencing of drunken driver
A Logansport man who was charged with drunken driving without a license with his three young grandchildren in his vehicle will be resentenced after the Indiana Supreme Court found “multiple irregularities” in his original sentencing.
High court to hear negligence, drunken driving cases in January arguments
The Indiana Supreme Court is scheduled to kick off the new year with two oral arguments on the schedule.
Conviction reversed after COA finds fundamental error over prior crimes
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
‘Glaringly erroneous’ mistake enables convicted offender to file direct appeal
The Indiana Court of Appeals sidestepped precedent and allowed a Cass County man to directly appeal his conviction based on his guilty plea rather than file a post-conviction petition, finding justice was best served by the direct appeal.
COA finds juvenile court has jurisdiction over 8-year-old child molestation accusation
The Indiana Court of Appeals was able to forgo having to choose a side in a knotty policy argument by citing state statute which gave the juvenile court jurisdiction in a case of alleged child molestation that didn’t come to light until the accused offender was over 18 years of age.
COA partially reverses to clarify which conviction was enhanced in drunken driving case
A man who drove drunk with his three young grandchildren in the car cannot challenge the validity of his convictions on direct appeal, but the Indiana Court of Appeals remanded Friday so that his habitual vehicular substance offender enhancement could be attached to a specific felony.
Attorney suspended 90 days after second domestic violence conviction
A Logansport lawyer who was convicted for a second time of beating his wife will have his law license suspended for 90 days with automatic reinstatement, the Indiana Supreme Court has ruled.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
23 judges, lawyers, apply to succeed Kirsch on Court of Appeals
Twelve judges and 11 lawyers from central Indiana have applied to succeed retiring Judge James Kirsch on the Indiana Court of Appeals.
Justices to hear arguments on 2 transfer petitions
The Indiana Supreme Court will hear arguments in two cases this week, considering whether to grant transfer to disputes involving college athletes and police interrogations.
Authorities investigate death of Cass County Jail inmate
Indiana State Police were investigating Sunday after a 72-year-old Cass County Jail inmate died.
Indiana COVID-19 cases, hospitalizations surge to another high
The Indiana State Department of Health on Thursday reported a record number of new COVID-19 cases and hospitalizations for the second day in a row.
Indiana reports 2,519 more COVID-19 cases, another rise in hospitalizations
The Indiana State Department of Health on Friday reported 2,519 new COVID-19 cases, the third-highest number reported so far in the daily report. The seven-day average of daily cases reached the highest point since the pandemic began.