Supreme Court remands attempted murder case for reconsideration
A Bloomfield man convicted of felony attempted murder will not get a new trial after the Indiana Supreme Court decided his case instead warranted reconsideration by trial court.
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Articles
Judge rules for National Lampoon, against fraudster Durham
National Lampoon will have to get in line with other victims who are owed millions after Indianapolis Ponzi scheme mastermind Tim Durham looted more than $208 million from investors in Ohio-based Fair Finance Co. Any recovery by the comedy conglomerate following a Monday court ruling is likely to assist Fair Finance victims.
COA rejects declaratory relief petition challenging molestation convictions
A southern Indiana man cannot seek declaratory relief after he was convicted on multiple counts of child molesting because the Indiana Court of Appeals found his challenge to be an attempt to circumvent Indiana’s established appellate procedures.
State, DuPont both get partial victories in appeal of assessments
The Indiana Tax Court has granted partial summary judgment to the Indiana Department of State Revenue and a Delaware-based industrial, agricultural and manufacturing business after finding both parties erred in their filing and assessments of 2005 through 2007 tax returns.
Fresh cases setting precedents in mental health law
Under what circumstances may someone be excluded from a hearing to determine whether they should be committed for mental health treatment? The Indiana Court of Appeals grappled with that question during oral arguments June 28, just one day after another panel ruled on another matter of first impression regarding involuntary commitment — the court itself noting scarce caselaw.
Mother’s consent to adoption not required, appeals court rules
A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.
Double jeopardy cuts sentence in robbery from 60 to 36 years
A trial court improperly applied sentencing enhancements to both of a criminal defendant’s robbery and conspiracy convictions, the Indiana Court of Appeals ruled Friday. The panel found a double-jeopardy violation and reduced the man’s sentence from 60 to 36 years in prison.
COA reverses dismissal of review of uninhabitable property order
A Hammond man’s petition for judicial review of an order to repair or remove an apartment in a building he owns will return to the trial court after the Indiana Court of Appeals ruled the Lake Superior Court erred in dismissing the case.
COA: Credit union did not have property right to flow of traffic on US 31
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.
Appeals court affirms battery, neglect convictions despite errors
The Indiana Court of Appeals has upheld a man’s battery and neglect convictions after finding that any error in the admission of certain testimony and evidence was harmless due because the properly admitted evidence was sufficient to prove the man’s guilt.
Split COA reverses mother’s contempt finding over parenting time sessions
A mother’s appeal of the order finding her in contempt for not bringing her child to supervised parenting time sessions at a facility drew three opinions from a panel of the Indiana Court of Appeals Friday. The majority agreed to reverse after holding the parenting time order improperly delegated parental authority to the facility.
7th Circuit: Indiana burglary is predicate offense under Armed Career Criminal Act
An Indiana district court judge properly enhanced a man’s sentence following his convictions of being a felon in possession of a firearm and ammunition because the man’s two prior felony convictions of robbery in Indiana qualify as predicate offenses under the Armed Career Criminal Act, the 7th Circuit Court of Appeals ruled Thursday.
Appellate court affirms murder conviction in Indianapolis shooting
A man’s felony murder conviction, stemming from a shooting he was involved in when he was 17 years old, will stand after the Indiana Court of Appeals found Thursday the trial court did not err in excluding evidence or in considering testimony.
COA reaffirms denial of summary judgment to landowners in failed real estate deal
After granting a petition for rehearing to address — and ultimately reject — an argument over the contract in a real estate case, the Indiana Court of Appeals reaffirmed Thursday the denial of summary judgment to northern Indiana landowners who misrepresented property to a potential buyer.
Divided COA rules campaign flyer was protected speech
Summary judgment in a political defamation suit has been affirmed after a divided Indiana Court of Appeals decided Wednesday that language included on a campaign flyer is considered protected speech under the Anti-SLAAP statute.
Monarch loses federal challenge seeking to wholesale liquor
Indianapolis-based Monarch Beverage Co.’s attempt to obtain a wholesale liquor permit rests with the Indiana Supreme Court after its federal challenge to Indiana law was rejected by the 7th Circuit Court of Appeals Friday.
Justices affirm teen’s 60-year sentence for assault on jogger
The Indiana Supreme Court declined to revise a teenager’s sentence for attempting to rape a woman running in Fort Wayne in 2012, finding the 60-year sentence is not inappropriate.
Justices reverse teen’s handgun conviction
Finding police did not have reasonable suspicion to stop an 18-year-old male who was in a high-crime area where a shooting had occurred days earlier by a group of youths, the Indiana Supreme Court reversed his conviction of misdemeanor possession of a handgun without a license.
Court affirms firearms conviction after warrantless search
Evidence that a felon possessed firearms was properly admitted in his criminal case even though authorities lacked a search warrant, the 7th Circuit Court of Appeals held Wednesday. Authorities relied on permission to search from the man’s live-in girlfriend who said he had sexually assaulted her daughter and placed her in fear for her safety.
80-year sentence upheld for man convicted of killing IU student
The Indiana Court of Appeals declined to revise the 80-year sentence handed down by a Brown County judge for the murder of an Indiana University student two years ago.