Judges uphold sentence, find prosecutorial misconduct claim moot
The Indiana Court of Appeals upheld a man’s convictions and sentence for possession of cocaine, resisting law enforcement and misdemeanor possession of marijuana, among other charges.
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Logger’s theft convictions stands on appeal
A southern Indiana logger convicted of three counts of theft after he reneged on agreements to equally split proceeds with landowners for timber he harvested from their property lost his appeal Tuesday. The Indiana Court of Appeals rejected his claims he was denied a speedy trial and the evidence was insufficient.
COA upholds jury verdict in fired worker’s complaint
The Indiana Court of Appeals upheld a ruling from Elkhart Superior Court that a man was entitled to $412,680 in compensatory and punitive damages after his employer fired him without cause after he filed a workers’ compensation claim.
Woman loses appeal of request for protective order
The Indiana Court of Appeals has denied the appeal of a woman seeking a protective order against a man who she claims allegedly committed a sex act against her.
Party not aggrieved by vacation of alley by university
The Indiana Court of Appeals upheld the decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property, finding property owners were not aggrieved by the vacation.
Appeals court clarifies home improvement contract ruling
The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.
COA reverses man’s pro se request for change of judge
Because a man failed to file an affidavit concerning why he wanted a change of judge in a code violation case, as required by statute, the Indiana Court of Appeals reversed the grant of his request for a change of judge.
7th Circuit disagrees with ALJ that woman is able to work
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
Hoosier’s quest to reach public road ends at 7th Circuit
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
Inaccurate property description does not render mortgage invalid
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
Arrest, search of woman who walked from police unconstitutional
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
Judges affirm co-defendants’ robbery convictions
Two men convicted of robbing a West Lafayette money lending store could not persuade the Indiana Court of Appeals to reverse their convictions.
Plaintiff failed to prove injury caused by crane lessor
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
Tax Court upholds land reclassification over assessor’s objection
The Indiana Tax Court affirmed a final determination by the state Board of Tax Review to reclassify nearly 3 acres of property from excess residential to agricultural, finding enough evidence to support the decision.
Doctors’ affidavits cannot defeat summary judgment
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
COA declines to extend civil ruling to PCR case
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
Dog sniff during traffic stop did not violate Constitution
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
Court split on whether defendant’s actions were proximate cause of injury
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
Appeals court reduces woman’s restitution order
The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.
COA dismisses credit card debt appeal
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.