Articles

Appeals court reaffirms man’s convictions for 2002 crime

Though a northern Indiana man convicted of multiple felonies 15 years ago was granted a new appeal by a federal judge, the Indiana Court of Appeals reaffirmed the man’s convictions on Friday, finding he failed to show he was prejudiced by his counsel’s actions.

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Appellate court orders IURC to consider reasonableness of Avon ordinance

The Indiana Utility Regulatory Commission must consider the reasonableness of an Avon ordinance seeking to force a utility company to pay for the cost of moving power lines for a road construction project after the Court of Appeals ruled the commission erred in dismissing a complaint challenging the ordinance.

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COA: Federal, state meth prosecutions not double jeopardy

A woman convicted and sentenced in federal court on a charge of conspiring to distribute meth lost her appeal seeking to dismiss state court charges, both of which referenced the same police raid of the hotel where she lived and where the drugs were found.

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COA judge cites to Kenny Rogers in voided tax sale case

A judgment for owners of a property wrongly redeemed after a tax sale was affirmed in part by the Indiana Court of Appeals Wednesday, with Judge Terry Crone appropriating a Kenny Rogers classic to introduce a 31-page decision that reduced the attorney fees and other relief to which owners were entitled.

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COA: Attack on wrestling event attendee was unforeseeable

A woman who was injured in an attack while walking from a Bartholomew County wrestling event to her car cannot succeed on her negligence claim against the wrestling company because the attack was not foreseeable, so the company did not owe a duty to her, the Indiana Court of Appeals has ruled.

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Appeal of legal fees in frivolous case results in more fees

A father who appealed an award of attorney fees in a long-running dispute over the use of funds in a family limited partnership now must pay appellate legal fees as well, the Indiana Court of Appeals ruled. The court found the appeal “merely another attempt to harass the parties involved.”

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COA approves permit for Traders Point-area gas station

An Indianapolis property developer can move forward with his plans to build a gas station and convenience story in the city after the Indiana Court of Appeals ruled Friday the developer was properly awarded a permit for his building project.

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Probation revocation affirmed for man convicted of raping 92-year-old woman

An Indiana trial court was not required to hold a competency hearing before revoking a man’s probation on a rape conviction because the man did not request such a hearing and did not prove that his mental illness was so severe as to relieve him of criminal responsibility for violating his probation, the Indiana Court of Appeals ruled Thursday.

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COA reverses dismissal of PCR petition

An Indiana man will get a second chance at post-conviction relief after the Indiana Court of Appeals determined Wednesday that his petition for relief was erroneously dismissed as an improper successive petition.

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