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.
Indiana Court of Appeals
Articles
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.
Justices deny transfer to 2 cases that split COA
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
Reversal: Insufficient evidence to support termination of mother’s rights
A mother’s efforts to get her life back on track and reunite with her daughter were recognized by the Indiana Court of Appeals on Friday, which reversed an order terminating the mother’s parent-child relationship for insufficient evidence.
‘Insanity’ judgments excluded ‘convictions’ under expungement statute, COA rules
An appellate panel has determined that individuals adjudicated as not responsible by reason of insanity may not have that finding expunged from their records pursuant to Indiana Code section 35-38-9- 1. It thus rejected a man’s request to have his murder charge removed from his record.
Appellate court reverses denial of request for third-party trustee
The Indiana Court of Appeals has reversed the denial of a woman’s request for a neutral third party to replace her brother-in-law as the personal representative and trustee of her father’s estate.