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.
Indiana Court of Appeals
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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.
Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
COA: Officer’s testimony of speeding alone insufficient for traffic stop
A man who argued his Fourth Amendment rights were violated when he was arrested after a traffic stop prevailed Wednesday before the Indiana Court of Appeals, which reversed a trial court’s denial of his motion to suppress evidence from the stop.
SCOTUS agrees to hear Indiana civil forfeiture challenge
A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.
COA affirms 20-year sentence for robbery in fatal drug deal
A man who set up his childhood friend in a “drug deal gone bad” and was sentenced to 20 years for his conviction of Level 2 felony robbery got no relief Monday from the Indiana Court of Appeals.
COA discourages interlocutory appeals of CHINS status changes
The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”
Insufficient evidence claim rejected on appeal in molestation case
A former Indianapolis pre-kindergarten teacher could not convince a panel of the Indiana Court of Appeals that evidence aside from his confession in his criminal case was insufficient to support his conviction of Level 1 felony child molesting.
COA affirms ruling in mortgage foreclosure case
The Court of Appeals allowed a rehearing in the case of R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva, 01A05-1709-MF-2174 , but affirmed its original decision after the bank contended the defendant made no argument of “claim for abuse of process.”
COA upholds conviction against uncle who molested nephew
The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.
COA: ‘Not advisable’ to file simultaneous motions to correct error, notices of appeal
The Indiana Court of Appeals has reaffirmed a March decision that overturned summary judgment for a national motor company after granting a petition for rehearing to address the allegedly common practice of parties simultaneously filing motions to correct error and notices of appeal.
COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
Lack of inmate program recommendation no issue on appeal, COA rules
A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.
COA: Claims against employer, attorney made in bad faith
A man’s claims against a temporary employer and the employer’s attorney were properly dismissed, the Indiana Court of Appeals determined Wednesday, upholding a ruling in favor of the defendants.
Gary man facing death in slayings of wife, 2 kids loses PCR bid
A Gary man sentenced to death for killing his wife and two teenage stepchildren has lost his latest attempt to overturn his conviction – a post-conviction relief petition. Lake Superior Judge Samuel Cappas and Magistrate Judge Natalie Bokota determined in a ruling issued Friday that Kevin Isom of Gary failed to establish he had ineffective counsel at his murder trial or during the appeals process.
Indiana Court Decisions — May 23-June 6, 2018
Read Indiana appellate court decisions from the most recent reporting period.