Man’s 17½-year sentence upheld for dealing meth
A sentence of 17½ years for a man convicted of dealing methamphetamine has been upheld, after the Indiana Court of Appeals found he was dealing in amounts “well above the statutory requirement.”
Indiana Court of Appeals
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Bail increase for defendant not transported from jailed reversed
The Indiana Court of Appeals has determined a man is not at fault for failing to appear in court due to his incarceration for another crime. It also found the trial court abused its discretion by setting an additional bail for him without having been requested to do so.
COA: Traffic stop resulting in arrest wasn’t unconstitutionally extended
Convictions have been upheld for a man who was driving while suspended after an appellate panel rejected his argument that evidence of his suspension was obtained during an unconstitutional extension of a traffic stop.
Attempted murder conviction vacated for double jeopardy violation
Though there was sufficient evidence to uphold an attempted murder conviction after a Tippecanoe County driveway shooting, the conviction was nevertheless reversed Friday on double jeopardy grounds.
COA: Evidence sufficient for church intimidation conviction
A man’s felony conviction for intimidating members of his former church will stand, but his case has been remanded to clarify he is not permitted to have a firearm during probation.
Man who brutally beat wife loses intimidation, sentence appeal
A Fort Wayne man sentenced to 12 years in prison after he broke his divorcing wife’s jaw in a brutal domestic violence assault, in which he also threatened her with a knife, lost his appeal Friday.
COA upholds denial of guilty plea withdraw in attempted murder case
Two attempted murder convictions entered in a Brown County court will stand after the Indiana Court of Appeals agreed with a trial court that the offender did not provide a “fair and just reason” to withdraw his guilty pleas.
Reversal: COA enters judgment for providers in med-mal case
A woman’s medical malpractice claim over a failed femur rod was filed too late and should not have been allowed to proceed, the Indiana Court of Appeals ruled Friday, reversing a northern Indiana trial court.
Gambler dad not in contempt over horse saddle dispute
A father ordered to purchase a horse for his daughter in a paternity order cannot be held in contempt for failing to first buy a saddle if he wasn’t held in contempt for failing to buy the horse, an appellate court held Friday.
Land sale proceeds ordered released in long-running Bloomington dispute
The Monroe Circuit Court’s latest orders in a real estate dispute dating to 2002 were largely affirmed Friday, but the Indiana Court of Appeals ordered the trial court to release proceeds of a land sale that it had been retaining.
COA orders hearing, possible release, for man in custody
Under unusual circumstances, the Indiana Court of Appeals is asking the state to explain why a man is in custody after a chain of events stemming from charges upon which he has not been arrested.
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Teen convicted of murder wins resentencing due to ineffective counsel
A man who as a 16-year-old received a 181-year sentence for murder in entitled to a new sentencing hearing. The Indiana Court of Appeals concluded the Lake County teen was denied effective trial counsel during his sentencing hearing.
COA affirms conviction over jury lunchtime instruction challenge
If there are no intervening proceedings between the reading of preliminary instructions and a jury being excused for lunch, trial courts are not required to give admonishments required under Indiana Code Section 35-27-2-4(a) more than once, the Indiana Court of Appeals affirmed.
Black juror strike upheld despite lack of demeanor finding
A burglary conviction will stand after the Indiana Court of Appeals found race-neutral reasons to strike a black juror, though the appellate court did opine on best practices to avoid confusion in future Batson challenges.
Court: Stealing official’s husband can’t gain from fraudulent land transfer
The husband of the former Owen County auditor, who was found to have purchased about $346,000 worth of personal items with county-issued credit cards, must repay the full amount of money he received from the sale of land that his wife fraudulently transferred to him.
Harassment charges over man’s calls to lawmakers, state agency upheld
A man accused of repeatedly making harassing phone calls to Indiana lawmakers’ aides and staff members at the Secretary of State’s Office must face multiple misdemeanor charges, the Indiana Court of Appeals ruled Wednesday.
Landlord can’t obtain attorney fees from security deposit, COA rules
A South Bend landlord is not entitled to double recovery or attorney’s fees from a former tenant’s security deposit, an appellate panel ruled Tuesday. The landlord had taken hundreds from the woman’s deposit to cover its legal fees in a suit it filed against her.
Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Trial and error: Attorneys navigate e-filing errors, but clerks say rejections infrequent
Lawyers and paralegals largely agree that electronic filing has improved their work, cutting the time and cost of printing and distributing hundreds or even thousands of paper documents. But enjoying the full benefits of the electronic system, they say, is a matter of trial and error.