COA: BMV can share infraction conviction info
Per Indiana Code, the Indiana Bureau of Motor Vehicles isn’t prohibited from disclosing records or information about traffic infraction convictions, the Court of Appeals of Indiana has affirmed.
Court opinions
Articles
COA: Wife’s testimony provided ‘rational basis’ under Indiana Evidence Rule 701
A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.
COA reverses teen’s intimidation adjudication for insufficient evidence
A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.
Opinions Aug. 22, 2022
Court of Appeals of Indiana
Michael Whitaker v. State of Indiana (mem. dec.)
21A-CR-2268
Criminal. Affirms Michael Whitaker’s convictions of Level 6 felony driving while intoxicated endangering a person and Class B misdemeanor leaving the scene of an accident. Vacates Whitaker’s conviction of Level 6 felony driving with an alcohol concentration equivalent over .15 on double jeopardy grounds. Finds the state presented sufficient evidence that Whitaker operated his vehicle. Also finds the Whitley Superior Court did not abuse its discretion when it admitted photographs of items found in Whitaker’s car because those items were found in plain view by an officer who had been called to an accident scene and their connection to criminal activity was immediately apparent.
Missed opportunity waives arguments for appeal against $110K restitution order
A convicted sex offender’s perceived legal strategy for avoiding a six-figure restitution judgment backfired when the 7th Circuit Court of Appeals determined he had waived the issue because he did not raise his arguments at sentencing.
COA: Moot involuntary commitment order was appropriate
A woman who was permitted to challenge her involuntary commitment order by the Indiana Supreme Court did not sway the Court of Appeals of Indiana on remand from its original decision after it concluded again that her temporary commitment was appropriate.
Water provider not subject to state billing, disconnection provisions, COA rules
A dispute brought by a southern Indiana residential community about whether its water provider’s bill payment and customer disconnect rules violated state law has been stopped up by the Court of Appeals of Indiana, which affirmed that the provider isn’t subject to the state provisions.
7th Circuit: Prisoner failed to exhaust administrative remedies before filing 8th Amendment suit
An Indiana inmate who alleged a doctor and nurse were deliberately indifferent to his medical needs has failed to convince the 7th Circuit Court of Appeals that his appeal is not precluded by his failure to exhaust administrative remedies.
7th Circuit affirms insurance co. must pay USA Gymnastics ‘reasonable and necessary’ fees incurred from Nassar-related claims
An insurance company that balked at representing USA Gymnastics against lawsuits stemming from Larry Nassar’s sexual abuse of hundreds of female athletes has failed in its challenge to an order that it pay significant fees to the Indianapolis-based athletic organization.
7th Circuit upholds denial of COVID insurance coverage to downtown Indy’s Conrad Hotel
Continuing a national trend, an Indianapolis hotel that suffered significant blows as a result of the COVID-19 pandemic did not prevail before the 7th Circuit Court of Appeals in its attempts to secure insurance coverage for its pandemic-related losses.
7th Circuit makes edits to clarify immigration judge, not immigration board, will conduct evidentiary hearing
The 7th Circuit Court of Appeals has denied the federal government’s petition for a rehearing of an immigration appeal but did make a handful of edits to its original opinion after the Department of Justice objected to the language.
Appellate court reverses probation revocation for man denied due process, orders new hearing
A man will get a new hearing after the Court of Appeals of Indiana concluded the Marion Superior Court violated his due process rights by not properly advising him during probation revocation proceedings.
COA: Property owners waited too long demand house be removed
In a ruckus between neighbors started by a corner of a house and a brown shed that are both over the property line, the Court of Appeals of Indiana toppled the trial court ruling and found the homeowners had title to the disputed property through adverse possession.
Indiana Court Decisions: July 28-Aug. 10, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA dismisses appeal of denied PCR petition
A convicted murderer will not be able to appeal the denial of his petition for post-conviction relief after the Court of Appeals of Indiana determined a trial court erred in granting him permission to file a belated appeal.
Opinions Aug. 10, 2022
Court of Appeals of Indiana
Hipolito Ramirez Martinez v. State of Indiana
21A-CR-2797
Criminal. Affirms Hipolito Martinez’s convictions of two counts of Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not err in granting the jury’s request to review victim K.R.’s testimony. Also finds the trial court did not abuse its discretion in denying Martinez’s mistrial motion. Finally, finds the trial court did not err in denying the state’s request to have Martinez classified as a credit-restricted felon.
COA denies appeal, cross-appeal in stepdad’s child molesting case
A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.
Rokita encourages IN Supreme Court to take birth certificate gender marker case
Indiana Attorney General Todd Rokita is advocating for the Indiana Supreme Court to grant transfer to a case concerning transgender Hoosiers’ birth certificates, requesting justices clear up confusion on the matter by ruling the judiciary has no authority to order a change of “sex” on the legal documents.
USI student loses Title IX appeal following sexual assault suspension
A male student at the University of Southern Indiana was unable to halt his suspension for sexual assault after the 7th Circuit Court of Appeals found he did not show he was discriminated against because of his sex.
COA: Deferred pension distribution not an error, but trial court should’ve protected wife’s portion until ex’s retirement
A trial court did not err in deferring the distribution of a man’s pension to his ex-wife until he retires, but it did err in failing to protect the ex-wife’s portion of the pension, the Court of Appeals of Indiana has ruled.