Lake County man’s 5-year sentence for shooting upheld
The Indiana Court of Appeals has affirmed that a Lake County man’s five-year sentence for shooting someone multiple times must be served despite his pre-sentencing rehabilitation efforts.
Indiana Court of Appeals
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COA: Son who threatened mom with unloaded pellet gun used ‘deadly weapon’
A man whose felony convictions in a domestic violence case were enhanced because he possessed and used a weapon that turned out to be an unloaded and possibly broken pellet gun lost his appeal arguing the charges against him were wrongly aggravated and that he was a victim of double jeopardy.
Appeals court: Specialized driving privileges may not exceed 2½ years
Indiana trial courts may not grant specialized driving privileges to motorists whose licenses have been suspended without also limiting those privileges to no more than two-and-a-half years, an appellate panel ruled Thursday.
Split COA affirms ex-doctor’s probation revocation
An order for a former doctor involved in a pill mill scheme to serve thousands of days in jail for violating probation has been affirmed. A divided Indiana Court of Appeals panel concluded there was enough evidence to prove a new offense was committed.
Findings not made to dispense with biological father’s adoption consent
The Indiana Court of Appeals has remanded a granted adoption petition after finding a trial court failed to make findings that would allow for the children’s biological father’s consent to be dispensed with.
COA: Elkhart pastor incorrectly found in contempt, ordered to jail
A years-long dispute between an Elkhart pastor and members of his congregation has resulted in a reversal from an appellate panel that determined a trial court erred in ordering the faith leader to spend one month in jail.
Default judgment reversed in car dealership collections case
Default judgment against a former auto dealership executive has been set aside after the Indiana Court of Appeals found excusable neglect in an executive’s failure to adequately respond to a collections complaint.
Split COA: Prosecutor can file for paternity at putative father’s request
A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.
Indiana Court decisions – Nov. 20-Dec. 4, 2019
Read Indiana appellate court decisions from the most recent reporting period.
‘Kid from a cornfield’: Goff brings community mentality to Supreme Court bench
He describes himself as “a kid from a cornfield.” And for Justice Christopher Goff, ties to his cornfield community run deep.
Appeals court affirms TPR despite trial court’s error
A trial court’s error in denying a mother’s motion to separate witnesses during her termination of parental rights hearing was harmless, and therefore reversal was not mandated, the Indiana Court of Appeals has ruled.
COA affirms for snow removal service in slip-and-fall case
The Indiana Court of Appeals has affirmed a snow removal company sued by a woman in a slip-and-fall case was not required to apply salt to an apartment complex’s premises absent a specific request that it do so.
COA reverses murder conviction in trailer fire over suspect’s statements
The Indiana Court of Appeals has reversed a man’s murder conviction stemming from a trailer fire. The appellate court concluded the man was incorrectly denied his motions to suppress incriminating statements made to police after he indicated he was done talking to them.
COA affirms quiet title judgment for property-line dispute
The Indiana Court of Appeals has affirmed a decision ordering a man to tear down a fence he installed outside of his property line that enabled him to block an alleyway with his vehicle.
Former Vigo superintendent must face bribery charges
A former school superintendent facing multiple bribery charges failed to persuade the Indiana Court of Appeals that the charges should be dismissed.
Appeals on Wheels: Convicted man urges suppression of pre-Miranda statements
The Indiana Court of Appeals will travel to northern Indiana next week to hear oral arguments in a case about the admission of a man’s statements made to police after being handcuffed but before he was read his Miranda rights.
Reversal: Dealing narcotics conviction not supported by sufficient evidence
The Indiana Court of Appeals has reversed a woman’s felony conviction for dealing narcotics, finding there was insufficient evidence to prove she committed the crime.
4th Amendment argument fails in fatal hit-and-run case
A man could not convince an appellate panel that his Fourth Amendment rights were violated when his vehicle was towed without a warrant in an investigation of a deadly hit-and-run.
Burglary conviction upheld in dispute over pet cats
A man who battered and blinded another man for sending his pet cats to an animal shelter lost his appeal of his felony burglary conviction Wednesday.
Dismissal upheld in Steak ‘n Shake parent shareholder dispute
The Indiana Court of Appeals has affirmed the grant of a motion to dismiss a lawsuit stemming from a shareholder dispute involving the parent company of Steak ‘n Shake.