COA upholds murder conviction against new boyfriend
A man who shot his girlfriend’s ex-boyfriend in the head at close range failed to persuade the Indiana Court of Appeals to overturn his murder conviction.
Indiana Court of Appeals
Articles
Drug dealer’s appeal fails to show prosecutorial misconduct
A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.
COA affirms ruling against ex-wife in husband’s IRA case
A woman seeking to obtain the full balance of her late husband’s individual retirement account couldn’t convince an appellate court that she shouldn’t have been denied summary judgment against his estate.
Judgment for sign company in digital billboard fight reversed
A judgment in favor a sign company that converted a large billboard in Lawrence to a digital display was reversed on appeal Friday. The Indiana Court of Appeals remanded a lawsuit brought by the city of Indianapolis, setting the stage for a possible trial over whether the digital billboard may remain.
Indiana AG asks high court to take up Munster Schools retirement pay dispute
Indiana’s attorney general is turning to the state’s high court in his battle to force two retired school superintendents to repay hundreds of thousands of dollars. Attorney General Curtis Hill recently filed a petition asking the Indiana Supreme Court to accept transfer of his civil lawsuit against former School Town of Munster superintendents William Pfister and Richard Sopko.
COA continues terms of justice center lease in Floyd County
Although the city of New Albany argued holdover tenants should not be given “another bite at the apple,” the Indiana Court of Appeals affirmed its original ruling that continued occupancy of the criminal justice center maintains the terms and conditions of the lease even after the agreement as expired.
Grandma’s visitation order vacated after parents’ marriage
A grandmother fighting to keep a visitation order for her out-of-wedlock grandchildren failed to persuade an Indiana Court of Appeals panel to rule in her favor. Instead, the panel concluded grandparent visitation orders do not survive the subsequent marriage of the natural parents of a child born out of wedlock.
Reversal: Drugs found in sock not admissible
Three Clark County drug convictions were overturned Thursday after the Indiana Court of Appeals determined drug evidence found in a suspect’s sock should not have been admitted.
COA: Court disregarded procedures in PCR case
The Indiana Court of Appeals has reversed a man’s denied petition for relief from what he alleged as conspiracy to wrongfully convict and confine him, among other things, after finding a post-conviction court erred in the procedure it used to dispose of his petition.
Indianapolis’ Oaktree Apartments demolition order affirmed
A demolition order for a northeast-side Indianapolis apartment complex vacant for more than five years was affirmed Thursday by the Indiana Court of Appeals, which stopped short of ordering the dilapidated property’s owners in England to pay the city’s legal fees in long-running nuisance litigation.
Receiver for million-dollar Corvette affirmed but bond required
Long-running litigation over the fate of a legendary Corvette racecar appears slightly closer to the finish line, as an appeals court Thursday gave the green flag to a receivership appointed to sell the car. However, the appellate panel instructed the trial court to require the receiver be bonded as required by law.
Felony drug conviction affirmed, but public defender fee reversed
A man’s felony drug convictions were affirmed Thursday, but a trial court’s order requiring him to pay a $250 public defender fee and reimburse a northern Indiana county for his medical expenses were struck down by the Indiana Court of Appeals.
NIPSCO loses appeal in damaged gas line small-claims suit
An excavation company found at fault for the destruction of a new home’s gas line will still have to pay up to the Northern Indiana Public Service Company despite the latter’s assertion that the company could not be held liable for a landscaper’s failure to mark the gas lines.
Random drug screen requirement reversed for mom in CHINS case
A mother found driving intoxicated with her three minor children in the car lost her appeal of a determination that they are children in need of services, but won a reversal of a requirement that she submit to random drug screens as part of her parental participation order.
Justices deny transfer to murderer, parents’ appeals
Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.
Ruling for insurer in $78K hacking case reversed in part
The Indiana Court of Appeals partially affirmed an insurance company’s first award of judgment in a computer hacking theft but reversed on the second after finding no conflict between the appellant’s deposition testimony and a statement in his affidavit.
Order enabling grandparents to determine father’s visitation reversed
A father who feared his hostile relationship with his children’s grandparent guardians would prevent him from having visitation with his kids won a reversal of an order stating parenting time would be “agreed upon by the parties.”
Appellate judges Altice, Riley receive honors
Two Indiana Court of Appeals judges are being recognized this month by members of the Indiana legal community.
Habitual offender enhancement in plea not involuntary, COA holds
The denial of a prisoner’s petition for post-conviction relief has been upheld after the Indiana Court of Appeals concluded the man’s guilty plea that included a habitual criminal offender enhancement was not involuntary.
Justices: Decades-old rule in fixed plea modifications still stands
In upholding a decades-old rule recently codified through a legislative amendment, the Indiana Supreme Court has ruled in companion cases that trial courts can only modify a sentence entered as part of a fixed-plea agreement if the modified sentence would not have violated the plea agreement at the time the sentence was originally imposed.