Ex-YCMA, school worker appeals 120-year child molesting sentence
A Jeffersonville man is appealing his 120-year prison sentence for molesting children while working at a YMCA and at an elementary school.
Indiana Court of Appeals
Articles
Appellate panel considers med-mal claim in wrongful death suit
An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.
Reversal: Wife was wrongly denied protective order hearing
A woman alleging domestic violence at the hands of her husband will have another chance to make her case for a protective order against him after the Indiana Court of Appeals ordered a trial court to conduct a new hearing.
Reversal: Man’s death does not moot real estate judgment lien
The death of a Rush County man whose parents deeded him and their granddaughter 46 acres of property in 1985 does not moot a judgment lien attached to the property, the Indiana Court of Appeals ruled Friday, reversing the trial court.
Neighbors ask for rehearing on Right to Farm Act dispute
Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.
Judgment for trooper in motorcycle crash suit reversed
A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.
Judge rejects request to block records in woman’s death
A southwestern Indiana judge has rejected a man’s request to block the release of records on authorities’ investigation into his daughter’s 2014 disappearance and death.
Reversal: Delay unreasonable in invoking mortgage acceleration clause
The Indiana Court of Appeals has reversed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, finding a mortgage banking company was unreasonably delayed in invoking a promissory note’s acceleration clause.
Attempted murder convictions upheld in best friend stabbing
Convictions for a man who attempted to murder his best friend have been upheld after the Indiana Court of Appeals found no abuse of discretion in admitting statements under the excited utterance exception, or when it allowed the state to ask the victim leading questions due to his injuries.
Goff discusses path to bench, sentencing reform efforts
Indiana Supreme Court Justice Christopher Goff won the lottery. That’s how he describes his legal career, at least. Goff spoke about his legal and judicial career during a Friday afternoon session at the Indiana State Bar Association Solo/Small Firm Conference, held over the weekend in French Lick.
Supreme Court remands drug convictions to eliminate double jeopardy violations
The Indiana Supreme Court remanded a guilty verdict Monday solely to eliminate the remaining double jeopardy violation in a man’s two drug-related convictions. Both convictions were enhanced based on the same evidence of his possession of a single firearm.
Gary’s gun lawsuit gets revived with COA ruling
Nearly 20 years after it was originally filed, the city of Gary’s lawsuit against firearm manufacturers and dealers is again moving forward after being revived for a third time on appeal, this time focusing on potential unlawful conduct.
COA to hear wrongful death appeal at Indy community center
Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.
COA remands case to clarify who should set sliding scale fees
The Indiana Court of Appeals has remanded a case after finding no clarification from the trial court as to whether Marion County Community Corrections was intended to evaluate a man on a sliding scale of fees for his home detention costs.
COA affirms BZA’s denial of fire department’s residential property use
A Southern Indiana volunteer fire department faced the heat after the Indiana Court of Appeals sided with a local board of zoning appeals to deny the department’s application to use a residential home as an emergency sub-station.
Judgment for IndyCar upheld in Panther Racing suit
The Indiana Court of Appeals on Thursday affirmed that a sponsorship agreement between IndyCar and a now-defunct racing team did not prevent IndyCar from providing another team access to space in the Fan Village at races on the circuit.
Man’s conviction for harassing DCS case manager stands
A man convicted of harassing his Department of Child Services case manager to the point that she quit her job and moved to another county lost an appeal of his conviction Thursday, failing to convince the appellate court that the offense didn’t occur in Indiana.
IPAC chief Powell stepping down in October; successor chosen
A new leader has been selected to head the Indiana Prosecuting Attorneys Council as longtime executive director David Powell announced his retirement from the role Thursday. Powell has been a leading Statehouse voice advocating on criminal law matters for nearly a decade.
Unruly defendant rightly tossed from court, COA rules
A Montgomery County man thrown out of his own trial for disruptive conduct has failed to convince the Indiana Court of Appeals that he was wrongly denied his right to be present. But the appellate panel did vacate one of the man’s convictions on double jeopardy grounds.
Indiana Supreme Court blocks disputed Brownsburg annexation
Brownsburg has lost its final bid to annex nearly 4,500 acres of land after fighting residents who objected all the way to the Indiana Supreme Court. Justices ruled the town “did not satisfy its burden of proving it had met the statutory requirements for annexing the disputed territory.”