Search didn’t violate driver’s rights
The smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest, the Indiana Court of Appeals held in a case of first impression.
Indiana appellate judges
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COA: Evidence supports dealing conviction
The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
Court examines ‘entry’ of guilty plea withdrawal motions
The Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t file a request in writing or justify the withdrawal.
Court of Appeals dismisses termination-order appeal
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
Appellate court divided over trust liability
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
COA splits on reversing convictions for Batson violation
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
Appellate court upholds motion to suppress after traffic stop
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
COA reverses worker’s comp board on prescription drug denial
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
COA: Statute of repose doesn’t bar woman’s complaint
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
Touched by controversy
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
COA: man doesn’t have to testify for self-defense instruction
The Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to instruct the jury on self-defense without the defendant’s testimony.
Insurer not entitled to rescind home insurance policy
The failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana Court of Appeals held in a case of first impression.
Court reverses feticide convictions on double jeopardy grounds
The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
Panel orders lower court to enforce protective order
Highlighting a bias in state statute relating to protective orders, the Indiana Court of Appeals has held that an accuser’s request for a civil contempt hearing against someone alleged to have violated a protective order can’t be tied to any other criminal or civil proceedings under way or available in the future.
COA rules in favor of mother in contentious custody battle
The Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after a joint custody arrangement between the mother and father deteriorated.
Mother’s rights at issue in COA reversal
The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
COA: Tractor sale contract not enforceable
The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
Judges split on mortgage issue
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
Perry County only preferred venue for wage suit
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
COA affirms remanded sentence
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.