Articles

COA rules against mother who used religious exemption to not vaccinate child

An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.

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COA affirms admission of 911 recording into evidence

The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.

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COA affirms tax sale despite auditor’s noncompliance

An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.

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COA orders return of gun to rightful owner

A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.

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COA: Trial courts can waive right to be at commitment hearing

State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.

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COA affirms GPS monitoring after violation of protective order

A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.

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COA reverses child molesting finding against 10-year-old

A 10-year-old boy adjudicated as a delinquent for acts that would be considered Level 4 felony child molesting if committed by an adult will have his adjudication dropped after the Indiana Court of Appeals held Friday there was insufficient evidence to support a true finding of the conduct.

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COA affirms termination of mother’s parental rights

The Indiana Court of Appeals has affirmed the termination of a mother’s parental rights to her daughter after finding the mother failed to prove the trial court erred in the calculation of the time the child had been removed from her parents’ home.

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Divided COA: Pat-down search did not violate rights

A divided panel of the Indiana Court of Appeals has affirmed a man’s felony and misdemeanor drug and firearm charges after finding the officer who arrested the man did not violate his constitutional rights by stopping him or conducting a pat-down search.

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State appeals ruling that suspended death penalty

An Indiana Court of Appeals decision that suspended executions in the state violated the separation of powers and resulted in new, unintended burdens that could lead to “dysfunction” in carrying out executions, the state argues in seeking transfer to the Indiana Supreme Court.

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