COA: Enhanced sentence not fundamental error
A man who sought a second resentencing after his 2003 murder convictions unsuccessfully argued that he was denied fundamental due process rights 15 years after being sentenced for four counts of murder.
Indiana Court of Appeals
Articles
DCS can’t litigate piecemeal CHINS cases, COA warns
If the Department of Child Services has enough concern to file a child in need of services petition, it should have enough evidence to win the case the first time around, the Court of Appeals warned Friday.
COA: Errant CCS judgment entry can’t void murder retrial
The Indiana Court of Appeals ruled that retrials are not barred if a judgment of conviction is erroneously entered on a chronological case summary, letting stand a murder conviction after the retrial of a man charged with the death of his girlfriend’s infant daughter.
COA: Husband must pay child support with interest
A husband who paid less than $200 of the child support he owed will now have to cover more than the arrearage amount after the Indiana Court of Appeals ruled the wife is also entitled to interest.
Ruling against Indianapolis’ condo nuisance claim upheld
Summary judgment entered in favor of an east side Indianapolis condominium complex was affirmed when the Indiana Court of Appeals ruled that damages sought against the complex by the city for being a “nuisance” were inappropriate.
COA cautions against claiming controversy amount limits
The Indiana Court of Appeals cautioned against plaintiffs proclaiming amounts in controversy will not exceed $75,000 unless they can be held to their word when it ruled in a semitruck crash case Tuesday.
COA affirms tax suit dismissal for lack of jurisdiction
The owners of about 1,800 properties in Lake County lost their appeal Friday of the dismissal of a lawsuit against the county over an agreement regarding the payment of back taxes.
Habitual enhancement not concurrent sentence, COA holds
A habitual vehicular substance offender enhancement may not be imposed as a concurrent sentence, the Indiana Court of Appeals held Friday, sending a case in which that had been done back to the trial court.
COA affirms consecutive sentence for separate crimes
A man will have to serve his seven-year sentence for domestic battery after the Indiana Court of Appeals ruled a consecutive sentence could be imposed for separate crimes that arise from a single incident.
Starke County man’s quiet title action reinstated on appeal
A man who claims his signatures on 2005 real estate documents were forged won his appeal Friday to reinstate a lawsuit seeking quiet title of property he claims to have had an interest in since 1991.
COA: No error in admitting cell phone records, testimony
A man convicted of dealing narcotics and methamphetamine argued that evidence admitted from his cell phone and the opinion of a drug force detective were inadmissible, but the Indiana Court of Appeals rejected those claims Thursday.
COA: Lease damages not chargeable to tenant
A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.
Justices send Hamilton County utility rate case back to COA
The Indiana Court of Appeals erred in determining that state utility regulators acted arbitrarily in excluding a Hamilton County sewer utility’s contractor expenses in reviewing a rate case, the Indiana Supreme Court determined Wednesday, sending the case back to the COA.
COA: Ex’s contempt order was valid but violated federal law
A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.
Killer’s murder, arson convictions affirmed on appeal
A Vigo County man convicted of killing a woman and then setting fires in an attempt to cover up the evidence lost his bid to have some of his convictions overturned Tuesday.
Appeals panel affirms denial of drug suppression after vehicle search
A man arrested after police ordered him to exit his parked car when officers smelled burned marijuana could not convince the Indiana Court of Appeals that the evidence of drug possession should be suppressed at his criminal trial.
Indiana Court decisions – June 7-20, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA: Arbitration agreements in investment case enforceable
After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.
Justices: Motel room used for sting operation was not ‘place of detention’
The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.
Divided COA: Court erred in dismissing charges after 1 year
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.