80-year sentence upheld for man convicted of killing IU student
The Indiana Court of Appeals declined to revise the 80-year sentence handed down by a Brown County judge for the murder of an Indiana University student two years ago.
Indiana Court of Appeals
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DCS did not have sufficient evidence for CHINS adjudication
The Indiana Department of Child Services failed to present any evidence that a newborn’s mother did not have stable housing or that her actions seriously endangered her child, the Indiana Court of Appeals ruled Thursday in reversing a child in need of services adjudication.
‘Taken aback’ by Eskenazi’s bid for fees, COA rules for committed man
A divided Indiana Court of Appeals struck a special condition that a man who had been subject to a mental health order of commitment not use alcohol or drugs. The court also criticized the hospital for seeking legal fees in the case from the Marion County Public Defender Agency.
Double sentencing enhancements don’t violate precedent
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
Probation department must reimburse offender’s fees
The Marion County probation department must reimburse an offender’s probation fees after the Indiana Court of Appeals held the trial court erred by allowing the probation department, and not the court, to impose such fees.
Summary judgment affirmed for Conour associate in legal malpractice case
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
Appellate court says paved asphalt can be a ‘deadly weapon’
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
COA remands dispute over attorney fees owed to doctor
A cardiologist who was denied his request for attorney fees totaling $450,000 will get a second chance to make his argument after the Indiana Court of Appeals found the trial court abused its discretion in awarding nearly $423,000 less.
Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
Man who did not knowingly waive representation to get new trial
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
Man’s 72-year sentence for child molestation upheld
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
Fort Wayne TV station seeks to broadcast doctor’s sentencing hearing
A Fort Wayne television station has filed an appeal challenging a Huntington Circuit judge’s order denying its request to air a trial court recording of a doctor’s sentencing hearing for felony sexual battery.
Court impermissibly entered convictions on 3 resisting law enforcement counts
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
COA: attorney fees and litigation costs allowed in child’s wrongful death
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
Split COA affirms northern Indiana utility rate increase
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
Treble damages upheld in stepmother’s conversion of safe deposit box funds
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
Court must revisit issue of prospective juror’s demeanor in Batson challenge
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
High court strikes down extension of community caretaking role to non-vehicle searches
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed.
COA: County entities did not owe duty under foreseeability analysis
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
COA: Chiropractors not qualified to render opinions on ‘complex’ causation issues
A medical malpractice case against a Franklin County chiropractor must proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.