Indiana Court decisions – April 11-24, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
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Split COA grants new trial to defendant denied pro se request
A split Indiana Court of Appeals has granted a new trial to a man who was convicted after he was refused his right to represent himself in his criminal case. The majority found the defendant timely filed and was unjustly denied his pro se request.
Mom’s credit-restricted felon classification removed from molesting sentence
A woman who received a maximum sentence and classification as a credit-restricted felon for molesting her son was granted her request to have that classification removed from her sentence Thursday.
Justices consider whether Skype appearance violated juveniles’ rights
Indiana Supreme Court justices heard arguments in two consolidated and procedurally identical cases Thursday, questioning whether two juveniles who appeared at disposition modification hearings via Skype were denied their rights to be present.
Ex-Ball State professor gets reversal on three child porn convictions
A former Ball State math professor convicted of child pornography and exploitation charges last year will have three of his convictions reversed after the Indiana Court of Appeals found some of the images of nude children he possessed did not explicitly depict “sexual conduct.”
Reversal: Drunk driver’s BAC lower than listed in conviction
A man’s drunken driving convictions were reversed Friday after the Indiana Court of Appeals found insufficient evidence that his blood alcohol concentration met the requisite limit for the convictions.
COA upholds conviction for murder, attempted murder of unarmed men
A man convicted for murdering one man and nearly killing another was denied relief from his 85-year sentence when the Indiana Court of Appeals affirmed there was no error in the admission of a witness’s recorded statement or notated photo lineup.
Reversal reinstates wrongful arrest suit against conservation officer
Summary judgment for a conservation officer was reversed Thursday after the Indiana Court of Appeals found, among other things, that his actions in procuring the prosecution of a woman who killed his dog were not noncriminal.
Double jeopardy principles not violated in OWI enhancement
A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication.
COA affirms civil suit rulings against ex-insurer convicted of theft
A formerly licensed insurer investigated and convicted of felony theft failed to convince an appellate panel that judgment was erroneously granted to the Indiana State Department of Insurance and a Putnam County prosecutor on the pleadings of his suit against them.
Appeals court rejects belated post-conviction appeal
A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.
Conviction upheld for mom firing gun from baby bag
A woman who fired a gun into the ceiling of a hair salon after she was asked to leave for arguing with a stylist was denied an appeal of her convictions Tuesday when the Indiana Court of Appeals found there was no abuse of discretion in allowing certain witnesses to testify in her case after they violated a separation of witnesses order.
COA rejects ex-teacher’s defamation claims against Elkhart Truth
A former Elkhart teacher who alleged a newspaper defamed him by writing an article about his federal lawsuit against the school that fired him failed to convince an appellate panel that the issue was not of public interest, or that the article was not written in good faith.
Neighbors’ Right-to Farm Act constitutional challenge fails
A constitutional challenge to Indiana’s Right To Farm Act was tossed by the Indiana Court of Appeals, rejecting neighbors’ claims that an 8,000-hog concentrated animal feeding operation has deprived them of their long-vested property rights.
Third-party ex-employer not exempt from negligence suit, COA says
The Indiana Court of Appeals has reinstated a woman’s negligence claim against her former employer, concluding he was considered a third party in the suit and could therefore not be shielded.
COA upholds judgment for university against former employees
The Indiana Court of Appeals affirmed the denial of two former Oakland City University employees’ claims against the school and its president, concluding they were not fraudulently induced into their employment or fired in retaliation for uncovering misuse of public funds.
Indianapolis airport authority prevails in hotel lease termination suit
A hotel in partnership with the Indianapolis International Airport that failed to meet its rebranding requirements also failed to convince an Indiana Court of Appeals that its lease agreement should not have been terminated.
Clark County cement plant loses appeal to burn waste fuel
A century-old Clark County cement plant that has unsuccessfully sought county permission for almost five years to transition its plant from burning coal to burning waste fuel lost its appeal Thursday of local rulings against its plans.
Drug conviction affirmed, but judge frets over possible race bias
A drug dealing conviction that followed the exclusion of the lone African-American from the pool of potential jurors was affirmed Thursday, but a judge expressed concern about how the defendant’s objection was handled in Fayette Circuit Court.
Reversal: Sheriff ordered to give father records in daughter’s death investigation
The Indiana Court of Appeals has reversed a decision denying a father access to public records from the Warrick County Sheriff’s Department concerning his daughter’s mysterious death. A unanimous panel concluded that because the documents he requested were not investigatory, they were unable to be withheld under an exception to the Indiana Access to Public Records Act.