Judges reverse resisting law enforcement conviction
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
Indiana Court of Appeals
Articles
COA affirms denial of motion to suppress traffic stop evidence
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
COA reverses judgment in favor of law firm in legal malpractice case
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
COA orders return of bond balance
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
COA rules aggravating factors support consecutive sentences
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
COA: Theories presented to trial court in med-mal cases were presented to review panels
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
Man’s forgery convictions for bogus check affirmed
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
Despite inadmissible testimony, molestation conviction affirmed
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
Defendant’s testimony makes admission error harmless
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
COA reverses drug convictions for lack of police inventory regulation
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
Law firm miscue in small claims case gets no relief on appeal
A law firm that failed to respond to an Allen County small claims court’s inquiry about settlement discussions because the attorney handling the case had left the firm got no relief Friday from the Indiana Court of Appeals.
Fight over Knightstown demolition sent back to trial court
A man who owns a building on Knightstown’s Main Street can proceed with his lawsuit after the town lost some rulings in its favor on interlocutory appeal.
COA tosses conviction after unlawful arrest
Testimony of police officers who stopped a man for walking on the wrong side of the road, then arrested him for intimidation and resisting law enforcement should not have been admitted at trial, the Indiana Court of Appeals has ruled.
COA orders man to pay remaining balance on lease of totaled car
A divided panel of the Indiana Court of Appeals has affirmed an order requiring a man to pay the remaining balance on the lease of a woman’s car after he totaled it in a collision for which he was found to be completely at fault.
Court of Appeals reverses convictions after due process violation
The Indiana Court of Appeals has reversed a man’s convictions of neglect of a dependent and battery after finding that his due process rights were violated when the state withdrew its plea agreement after he had pleaded guilty.
COA: All properties in stormwater district contribute to stormwater system
All property owners within a stormwater district “contribute to” the stormwater system, regardless of whether the property drains into the system, the Indiana Court of Appeals held Wednesday in a case that forces property owners in Richmond to pay a stormwater fee.
Man’s sentence challenge rejected by appellate court
In his third appeal before the Indiana Court of Appeals, a Marion County man’s sentence for rape, criminal deviate conduct and burglary have been affirmed after the appellate court found that a motion to correct sentence was not the appropriate remedy for his claim.
COA: Dirty pictures allowed by Legislature
Revisiting the question of whether sending sexually explicit photographs to a 16- or 17-year-old is permitted under state law, the Indiana Court of Appeals upheld its earlier ruling by finding the Legislature’s inaction to amend the statute implies dirty pictures are suitable for these teens.
COA affirms setback distance for Eastern Indiana wind farm
The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.
COA affirms termination of parental rights
The Indiana Court of Appeals rejected the arguments of a father with a history of domestic violence and other criminal convictions who said evidence was improperly admitted to terminate parental rights to his three daughters.