Man’s contempt order for bail violation reversed on appeal
A northern Indiana trial court’s contempt order against a man who violated a condition of bail was an abuse of discretion, the Indiana Court of Appeals ruled Wednesday, reversing the order.
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Two judges, Fort Wayne attorney selected as finalists for COA vacancy
The Indiana Judicial Nominating Commission announced late Wednesday afternoon that it will send the names of St. Joseph Superior Judge Steven Hostetler, Lake Superior Judge Elizabeth Tavitas and attorney David Van Gilder of Van Gilder & Trzynka, P.C. to Gov. Eric Holcomb, who will choose one of them to replace retiring Judge Michael Barnes.
Insurer loses appeal in home-health worker crash case
An insurance dispute over who should pay for a bicyclist’s injuries sustained after he was struck by a vehicle driven by a home health aide will continue after an appeals court ruling that left the question open for now.
Court order to access smartphone stirs 5th amendment concerns
When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.
Indiana Court Decisions – April 26-May 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA finds warehouse not liable for cargo-related deaths
An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.
COA to hear arguments in Dubois, Clark counties
The Indiana Court of Appeals is heading south next week to hear oral arguments in Dubois and Clark counties.
Appeals court orders Yorktown clerk-treasurer’s removal
The Indiana Court of Appeals has ordered the removal of the Yorktown clerk-treasurer from office after determining that her failure to properly reconcile the town books for four consecutive years warranted her removal. In response, the elected office holder has pledged to take her case to the Indiana Supreme Court.
COA upholds exclusion of drug evidence from car search
Evidence taken from the search of a car after a man was stopped in Jennings County on a traffic violation was properly suppressed by the trial court, the Indiana Court of Appeals ruled Thursday.
Murder convictions upheld after dismissed juror feared for safety
A Lake County woman’s murder convictions were upheld Thursday in a case where a juror was dismissed after telling fellow jurors and the court he feared for his safety. The ruling also created split opinions in the Indiana Court of Appeals on the rights of defendants to speak.
Six COA semifinalists to be interviewed next week
Interviews with the six semifinalists selected for an upcoming vacancy on the Indiana Court of Appeals will take place next week. Three judges and three lawyers from northern Indiana are vying to succeed Judge Michael Barnes on the appellate court.
COA: French Lick Resort not negligent in hotel rape
A former guest of the French Lick Resort & Casino cannot bring a negligence case against the hotel after the Indiana Court of Appeals determined the sexual attack against the guest was not foreseeable as a matter of law, making summary judgment for the resort appropriate.
COA: Participating in needle exchange doesn’t excuse drug activity
A Lawrence County man who argued he had “legal authority” to possess two syringes under the county’s needle exchange program has lost his appeal of his possession of paraphernalia conviction, with the Indiana Court of Appeals rejecting the notion that needle exchanges excuse illegal drug activity. However, the court overturned another of the man’s drug convictions for lack of evidence.
Appellate court upholds contempt finding against mother
A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.
Divided COA orders dismissal of theft, battery charges
Theft and battery charges against a Marion County man must be dismissed after a majority of an Indiana Court of Appeals panel determined he was not brought to trial within 70 days, per his speedy trial request.
Confinement conviction reversed; robbery, burglary counts stand
Burglary and robbery convictions against a man convicted in a Marion County break-in will stand, but related criminal confinement convictions must be vacated because the confinement was “part and parcel” of the underlying robbery, the Indiana Court of Appeals ruled Friday.
Appeals court rejects inmate’s probation violation argument
A Marion County man must remain incarcerated in the Marion County Jail after the Indiana Court of Appeals rejected his argument that his probation revocation rights were violated.
COA upholds admission of marijuana found in home
A multi-count drug trial against an Indianapolis man will continue with evidence obtained from a search of the man’s home after the Indiana Court of Appeals ruled there was probable cause to issue for a search warrant.
Attorney General argues reference to ISIS was not prosecutorial misconduct
Indiana Attorney General Curtis Hill is asking the Indiana Supreme Court to review a case involving two Middle Eastern immigrants and references to terrorism which raises both a question of prosecutorial misconduct and an issue of first impression.
Six remain in running for Court of Appeals
Three judges and three lawyers from northern Indiana remain in the running to succeed retiring Indiana Court of Appeals Judge Michael Barnes after the Judicial Nomination Commission narrowed the field by half Tuesday following its interviews with 12 applicants.