A man convicted of possessing several grams of meth has lost his appeal to suppress evidence found at his fast food workplace after an anonymous caller alerted authorities. But a concurring judge used the case to “state the obvious” and remind Hoosiers of their right not to talk to police in similar circumstances.
Indiana Court of Appeals
Pedro Rayo Zagal v. State of Indiana
19A-PC-694
Post-conviction. Affirms the denial of Pedro Rayo Zagal’s post-conviction relief petition by Elkhart Superior Court for ineffective counsel. Finds Zagal read and signed the advisement of rights and penalties at his initial hearing, which included the provision that if he was convicted of a crime as an illegal alien, he could be deported. Also finds that under Indiana Supreme Court precedent, the trial attorney did not have to separately advise Zagal of the immigration consequences.
An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.
In late June, the U.S. Supreme Court notified Tennessee that it was last call for the state’s liquor sales residency requirement — a law similar to statutes on Indiana’s books.
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals United States of America v. Joseph A. Williams 18-2662 Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio. Criminal. Affirms Joseph Williams’ 188-month sentence for conviction of possessing a gun as a felon and possessing cocaine with intent to distribute […]
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
A northern Indiana woman may find some relief after the Northern District Court reversed and remanded the denial of her appeal for supplemental security income.
Despite recent changes to the Indiana Code of Judicial Conduct meant to aid pro se litigants’ ability to be heard in court, an appellate panel ruled Friday that an inmate’s suit against a judge, a clerk and others was so confusing and repetitive that it was rightly dismissed.
A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.
The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.
The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.
A man convicted in a shooting at a Vigo County McDonald’s has lost his appeal of his criminal recklessness conviction, with the Indiana Court of Appeals rejecting his double jeopardy argument.
A former Mishawaka High School assistant girls basketball coach failed to persuade the Indiana Court of Appeals to reverse his child seduction conviction for a sexual relationship he had with a 17-year-old player he had coached since at least Grade 8.
A man who was sentenced to six months in prison after refusing to testify at a theft and conspiracy trial has failed to convince the Indiana Court of Appeals to overturn the contempt finding against him.
A title insurance company barred from doing business in Indiana after the Department of Insurance found hundreds of violations in an audit cannot sue to reclaim the licenses it voluntarily surrendered, the 7th Circuit Court of Appeals has ruled.
The ex-wife of a man who died in June 2018 will be permitted to enter into probate court a document she contends is her ex-husband’s will, the Indiana Court of Appeals ruled Monday, reversing a trial court order that determined the man had died without leaving a will.
An acrimonious court fight over seven billboards outside Utica, Indiana, will not conclude with a military reuse authority paying attorney fees to the entities it sued, as a trial court ordered. The Indiana Court of Appeals on Monday reversed an order for the suing party to pay more than $237,000 to opposing counsel in litigation over highway sign permits in Clark County.
A convicted robber whose community corrections placement was revoked was denied due process because a court failed to consider his competency after evaluations had been ordered, the Indiana Court of Appeals ruled.