Felony conviction affirmed based on ‘into’ definition
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
Indiana Court of Appeals
Articles
Tow company that seized, sold cars loses injunction appeal
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
COA: Incest age defense can’t win post-conviction relief
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
COA dismisses request to make trial court order final
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
COA upholds murder conviction after rejecting involuntary manslaughter appeal
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
COA says golf cart use is par for the course during the game
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
Hill wins AG race as voters retain 4 appellate judges
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Nov. 8, and voters retained four Court of Appeals judges by wide margins.
Judges must balance timeliness rules with discretion
Recent decisions from the Indiana Court of Appeals have demonstrated the divide between statutory requirements and judicial discretion when it comes to motions filed after deadline.
Rejecting challenge of search, COA affirms cocaine conviction
Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.
COA restores mother’s parental rights after incarceration
A mother’s parental rights to her two children will be restored after the Indiana Court of Appeals found Thursday that the state Department of Child Services failed to prove that removing the children from their mother was in their best interests.
Meth conviction reversed over toxicology authentication
The Indiana Court of Appeals has reversed a man’s conviction of operating a vehicle with meth in his blood and subsequently causing death after finding that the state failed to authenticate the toxicology report that found traces of drug in his blood sample.
Appellate panel reverses parenting time for remote ex-boyfriend
The Indiana Court of Appeals has reversed a lower court order granting a man visitation with his ex-girlfriend’s daughter, concluding that third-party visitation should only be granted if it is in the best interests of the child.
Hill cruises to win in AG race as voters retain appellate judges
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Tuesday, and voters retained four Court of Appeals judges by wide margins.
COA: Clinics that gave tainted steroid must face suit
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
COA divided over search producing gun, affirms conviction
The admission of a gun obtained without a warrant from a man later convicted of carrying a handgun without a license did not violate the man’s constitutional protections against unreasonable search and seizure and, thus, does not warrant the reversal of his conviction.
COA affirms convictions of auto theft, resisting law enforcement
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
ISP officer loses whistleblower appeal
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
Ex-coach’s defamation claim against Noblesville Schools continues
The common interest privilege does not protect an Indiana high school from a defamation claim brought by its former boys basketball coach based on an altered press released the school sent out after an incident during practice in 2014, the Indiana Court of Appeals ruled Wednesday.
COA denies correction of sentencing order in dismissal
Because the plain language of Indiana Trial Rule 41(B) states that a dismissal operates as an adjudication upon the merits, the Indiana Court of Appeals found there is no need to remand a man’s case to correct his sentencing order as he claimed.
COA panel takes oral arguments to Notre Dame
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.