Search of man’s mouth ruled unconstitutional
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
Court opinions
Articles
COA affirms ruling for lender in Shelbyville low-income housing dispute
A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.
Tax Court: Orbitz doesn’t have to pay additional sales, innkeeper’s taxes
A popular travel and booking website will not have to pay the state more than $200,000 in back taxes after the Indiana Tax Court held that the website is not considered a retail merchant.
COA upholds battery conviction for altercation outside bar
The Indiana Court of Appeals upheld a man’s battery conviction Tuesday after finding that he failed to prove any abuse of the Delaware Circuit Court’s discretion.
Justices find Ohio, Indiana burglary statutes are ‘substantially similar’
The Indiana Supreme Court Friday overturned a lower court’s decision to throw out a man’s serious violent felon charges, writing that statutes governing burglary convictions in Ohio and Indiana are “substantially” similar.
Justices reaffirm decision after correcting factual error
The Indiana Supreme Court has reaffirmed its decision to deny relief to a man convicted of child solicitation after granting a rehearing on that decision to correct a factual error.
COA affirms ex-wife’s murder conviction, sentence
The Indiana Court of Appeals affirmed the conviction of a woman who shot and killed her ex-husband in 2014, finding that her claims of self-defense against domestic abuse were unsubstantiated.
COA rejects Duke’s claims against proposed Franklin traffic expansion
Duke Energy of Indiana cannot prevent the city of Franklin from expanding an east-side intersection, the Indiana Court of Appeals found Friday, allowing the city to move forward with a project designed to beautify the State Road 44 corridor off of Interstate 65.
COA: Case for relief against INDOT may continue
The Indiana Court of Appeals allowed a local government entity to continue seeking relief against the Indiana Department of Transportation Friday, holding that the local unit of government had standing to seek both injunctive and declaratory relief.
Order for parents to pay grad school costs reversed
Parents who were ordered in a divorce decree to pay their child’s costs of graduate school won’t have to after the Indiana Court of Appeals ruled the trial court abused its discretion in so ordering.
Adams Co. judge not required to recuse himself from case involving former client
An Adams County judge who presided over a case in which the defendant was his former legal client was not required to recuse himself, the Indiana Court of Appeals found Monday.
Child molester’s failure to register conviction vacated
A convicted child molester will not also have a conviction of failure to register as a sex offender after the Indiana Court of Appeals found Monday that his arrest was premature.
COA reaffirms decision imposing sanctions on mental health service provider
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
7th Circuit affirms dismissal of claims against Indiana, Marion County officials
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
COA: Law enforcement may not refuse to hire based solely on expunged criminal histories
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
Court abused discretion in letting public defender withdraw appearance
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
COA holds public trust rights rule along lakeshore
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
COA affirms lifetime suspension of driving rights
A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.
COA reverses handgun conviction after state failed to meet burden of proof
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
‘Strict compliance’ with contempt statute not required if sufficient notice is given
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.