Appeals court heads to Terre Haute to hear murder case
A panel of the Indiana Court of Appeals traveled to Terre Haute today hear oral argument in a case involving murder, attempted murder and armed robbery.
Indiana Court of Appeals
Articles
COA: Stolen used tires of value; theft conviction affirmed
The Indiana Court of Appeals affirmed a woman’s conviction for stealing used tires from an Avon auto dealership when it found the tires were of value because they presented a liability to the dealership if used without authorization.
Divided COA upholds summary judgment denial in contract dispute between developer, laborers
A divided panel of the Indiana Court of Appeals has upheld the denial of cross-motions for summary judgment in a Lawrenceburg contract dispute, finding genuine issues of material fact as to whether a land developer breached its contract with the city and whether a class of laborers was entitled to prevailing wages under Indiana’s wage laws.
Taco food truck explosion not foreseeable, divided COA says
A man injured while waiting for his taco lunch lost his appeal that he was owed a duty of care from a salvage yard, with a majority of an Indiana Court of Appeals panel finding a food truck explosion at the salvage yard was not reasonably foreseeable.
COA: Juror with family drunk driving history not biased in OWI case
The Indiana Court of Appeals affirmed a woman’s drunken driving conviction after finding that she failed to provide sufficient evidence that one of the jurors hearing her case withheld potentially prejudicial information.
Five more senior judges certified, re-certified for 2019
The Indiana Supreme Court has certified and re-certified an additional five judicial officers as senior judges for 2019.
Judicial clerkship pilot to expose Maurer 1Ls to rural practice
The Indiana University Maurer School of Law and the Indiana Supreme Court have announced a pilot program in which up to five 1L students committed to public service will work with judges throughout the state.
State, national groups support Indiana public defense reform
Leaders of state and national criminal justice organizations are declaring their support for the Indiana Public Defender Commission’s reform initiative, which the commission is presenting to the Indiana General Assembly this year in an effort to secure additional funds to expand and improve indigent defense services statewide.
Indiana Court Decisions — Jan. 18-30, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Robb leading national appellate chief judges’ council
As the former leader of the Indiana Court of Appeals, Judge Margret Robb knows what it takes to be the chief. Now, she’s sharing her experience with other judicial leaders as president of the Council of Chief Judges of the State Courts of Appeal.
Judiciary chiefs, legal leaders offer women in the law advice
A recent discussion highlighted women judicial leaders and lawyers working in both state and federal law, giving them the opportunity to share their struggles and advice for young female barristers striving to advance in their legal careers.
Man loses appeal of murder conviction in slaying of openly gay veteran
A northern Indiana man convicted of beating a gay Afghanistan war veteran to death lost his appeal of his conviction and sentence Monday when the Indiana Court of Appeals found that a delay in the production of cellphone records did not prevent the man from receiving a fair trial.
Appeals on Wheels: COA heads north, south for handgun possession cases
The Indiana Court of Appeals will travel both north and south this week to hear oral arguments in two cases involving handgun possession without a license.
Appeals court: Judge exceeded authority by doubling sentence
The Indiana Court of Appeals has ruled that a judge exceeded his authority by doubling a woman’s prison sentence to six years after she failed to timely surrender to authorities to start her term.
Split 7th Circuit: Victim hypnosis evidence wrongly withheld
An Indiana man who was “confidently” identified as the perpetrator of an Elkhart shooting after the victim was hypnotized will be allowed to go free after a majority of the 7th Circuit granted his habeas petition. The appeals court found the state court erred in not overturning the man’s conviction because the state withheld evidence of the hypnosis during trial.
COA: ‘Significant’ DCS failures made termination of parental rights erroneous
A mother won her appeal to reverse an erroneous order terminating her parental rights when the Indiana Court of Appeals found the Department of Child Services committed ‘significant procedural irregularities’ in her case.
Bid to set aside murder, attempted murder convictions rejected
A man who pleaded guilty at age 15 lost his appeal on a motion to set aside his murder and attempted murder convictions when the Indiana Court of Appeals found he should have filed his argument as a claim for post conviction relief.
Pursuit of happiness can’t blunt man’s marijuana conviction
A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.
Split COA: Maintenance not required in divorce of disabled spouse
A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.
Abuse of corpse conviction affirmed in woman’s death
The Indiana Court of Appeals affirmed a man’s abuse of a corpse conviction, finding his confession was admissible without independent evidence because there was independent evidence to support his other confession in the same case.