Lessor entitled to judgment that oil and gas lease expired
Partial summary judgment for the lessor was affirmed Wednesday by the Indiana Court of Appeals in a contract dispute involving an oil and gas lease of land in Sullivan County.
Court opinions
Articles
Justices clarify jury taint, mistrial standards
Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.
7th Circuit finds 5-year-old information not ‘stale’
The 7th Circuit Court of Appeals declined a defendant’s request to find the information used to execute a search warrant of his computer for child pornography stale because more time had passed in his case as compared to previous cases ruled on by the Circuit Court.
Majority reverses teen’s underage drinking adjudication
The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.
DNA in glove at scene sufficient to uphold burglary conviction
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.
Man’s guilty but mentally ill conviction upheld
The Indiana Court of Appeals declined to reweigh the evidence that led to a man being found guilty but mentally ill of murder and battery. Jamal Ahmad Gore argued he should have been found not guilty by reason of insanity.
COA: No fundamental error in admitting testimony
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
Judges deny stepfather’s request to adopt children
A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.
Lawyer reprimanded for enforcing associate’s separation agreement
A Clark County attorney was reprimanded Tuesday by the Indiana Supreme Court over terms of a separation agreement he enforced against an associate who left the firm.
Truck’s ‘excessive’ smoke justified traffic stop
The Indiana Court of Appeals has ruled that a police officer had reasonable suspicion to pull over a driver after seeing his truck emit an “excessive” amount of smoke.
COA affirms dropped charges for ex-IURC chief Hardy
Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.
Plea bars man from credit for time served on electronic monitoring
Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.
Gambler scores partial victory before Tax Court
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
Judges decline to revise man’s 60-year molestation sentence
The Indiana Court of Appeals rejected a man’s argument to revise his sentence for molesting the daughters of his ex-girlfriend to be served concurrently instead of consecutively because of his age and he is paraplegic.
COA reissues expungement opinion
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
Woman’s conviction for threatening apartment manager upheld
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
Court upholds man’s molestation convictions
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
Judges uphold man’s conspiracy conviction
Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.
COA adopts rule allowing for partial subordination of 1st lienholder’s interest
The Indiana Court of Appeals Wednesday decided the state should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
Judges affirm ex-wife’s cut of lottery winnings
The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”