COA reverses 4 attempted robbery convictions
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
Court opinions
Articles
Justices rule on casino land-ownership dispute
A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.
Majority affirms conviction despite no witnesses
An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
FMLA leave doesn’t accrue hours for benefits
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
Judges find stop violated Fourth Amendment
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing – which led to convictions of burglary and theft – violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
Justices reaffirm precedent on worker’s comp claims
The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.
COA differs on why no insurer duty to defend
A panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges disagreed as to why the insurers owed no duty to defend.
7th Circuit: Officer entitled to qualified immunity
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.
7th Circuit: amendment applies to all mortgages
A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.
Court split on burglary tipster issue
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
Defendant must prove inability to pay
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
Judges rule on custody issues
When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
Inconsistent jury verdicts not reviewable
Inconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review, the Indiana Supreme Court held Thursday.
County immunity in weather-related accident
The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.
Justices vacate life sentence
The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation. Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and […]
COA: Storage fees capped per statute
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
Appellate ruling addresses priority rights
In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
Plaintiff loses federal challenges to voter ID law
A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but did remand his pending state claims to a Marion Superior Court for consideration.
Mortgage company didn’t act in good faith
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
Judges reverse theft conviction
The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.