Enhancement to sentence upheld by COA
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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Allegation of conspiracy not enough to support civil conspiracy claim
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
Appeals panel offers direction to abusive pro se litigant
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
Man convicted of brutal beating loses appeal despite errors
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
COA reverses custody evaluation granted to grandparents
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
Man gets 11 years for $1M copper wire theft
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.
Justice Ginsburg undergoes heart surgery
Supreme Court of the United States Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery.
Tax Court records migrating to Odyssey
Indiana Tax Court records will migrate to the Odyssey case management system effective Dec.1, the first state appeals court to transfer records to the system. Records will be available at no charge online at mycase.in.gov.
Constitutional guarantee at issue in Supreme Court bus fee case
Indiana Supreme Court justices quizzed lawyers in a case over school busing fees Monday about the limit of the state's constitutional guarantee of a free public education.
$1.75B justice center could stretch budgets
Mayor Greg Ballard's office has said the city intends to pay no more than about $50 million a year over 35 years for a proposed criminal justice facility, bringing the cost to about $1.75 billion.
Perjury voids conviction; COA refers prosecutor for discipline
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
Evidence does not support grandparent visitation order, COA rules
Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.
Indiana Supreme Court hearing bus fees case
Indiana Supreme Court justices quizzed lawyers in a school busing fee case about the limit of the state's constitutional guarantee of a free public education.
COA revises neglect of dependent conviction stemming from boy’s death
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
Felony enhancement reversed because woman did not directly cause officer’s injury
The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.
COA: Man entitled to have attorney present at small claim hearing
Finding that a businessman who was confused as to whether he needed his attorney to appear in a small claims case was denied the basic right of representation, the Indiana Court of Appeals reversed the denial of his motion for a continuance.
Judges reverse probation revocation due to inadmissible evidence
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
Supreme Court ends JTAC, takes direct oversight of technology projects
Fifteen years after it was established by the Indiana Supreme Court, the justices have decided to retire the Judicial Technology and Automation Committee. The decision was in one of three orders handed down by the court Thursday.
Judge rules man on death row not competent to be executed
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
Judges: Cop shouldn’t have asked driver for license
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.