Judges affirm criminal reckless conviction
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
Courts
Articles
Judges split on whether jury instruction erroneous
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
COA: Jury adequately instructed on presumption of innocence
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
Settlement reached in online payday loan class action
More than 6,500 Hoosiers will share $1.35 million in a class-action settlement reached in long-running litigation against an online payday lender that in some cases charged finance fees that exceeded 1,000 percent annual percentage rates.
JQC: Strike Judge Brown’s apology, support from Sullivan in discipline case
Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.
Man’s molestation post-conviction bid fails on appeal
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
Appeals court slashes contamination award from $154,632 to $7,383
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.
Federal judge orders new trial in felony gun possession case
Finding the interests of justice require a new trial for a man convicted of a federal gun crime in which the government withheld potentially exculpatory evidence, Judge William T. Lawrence granted his request Wednesday in the Southern District of Indiana Terre Haute division.
Wife barred from inheritance because of adulterous relationship
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
Accomplice’s murder conviction upheld
A woman who threatened that her baby’s father and his brother would kill the man who punched her several times had her conviction of murder upheld by the Indiana Court of Appeals. She sat in a car while with the boyfriend and his brother killed the man.
Justices: Lab tech does not need to testify
The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.
Court affirms insurer must cover environmental cleanup costs
The Indiana Court of Appeals affirmed an order that an insurer pay post-notice costs of nearly $34,000 to its insured in an environmental cleanup in Mooresville.
Life sentence upheld for man who killed neighbor
The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.
Man’s second federal child-porn conviction sticks, 7th Circuit rules
A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.
Question over who should have mown grass prevents summary judgment
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
State appeals ruling against right-to-work law
Attorney General Greg Zoeller announced Wednesday the state has asked the Indiana Supreme Court to reverse a Lake County judge’s order invalidating the right-to-work law that bans compulsory union dues.
Cybersecurity expert: ruling on surveillance program ‘extraordinarily significant’
Indiana University Maurer School of Law professor Fred Cate heralded the decision handed down Dec. 16 by U.S. District Judge Richard J. Leon as possibly landing a crippling blow to the federal government’s surveillance program.
COA: County officials not bound to collective bargaining agreement
An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.
State not allowed to intervene in Weinberger case
Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.
Judges clarify late-filed amendment required reversal, not remand
On a petition for rehearing, the Indiana Court of Appeals affirmed its decision to reverse a habitual offender enhancement because the amendment to the habitual offender allegation was made after the trial started and prejudiced the defendant’s rights.