Articles

CHINS adjudication reversed for mom who tested clean

A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.

Read More

COA takes criminal recklessness case to Munster H.S.

Questions of whether certain witnesses should have been excused from testifying in a criminal recklessness case for violating a separation of witnesses orders will be considered by a traveling appellate panel Thursday at Munster High School.

Read More

COA: Med-mal dismissal affirmed for counsel’s untimely filings

A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.

Read More

COA: Officer peeking in window acted as Girl Scout would

A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.

Read More

Appellate court reduces theft restitution by more than $62K

A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.

Read More

Aggravators can’t include nonadjudicated juvenile actions, COA says

In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.

Read More

COA splits on definition of ‘squeezed’ in burglary case

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry. 

Read More

COA considers denial of joint motion for mistrial

A traveling appellate panel heard argument concerning an “unusual” instance of a trial court’s denial of a joined motion for mistrial Tuesday, considering whether the state’s sudden change of position had any impact on the case going forward.

Read More