Articles

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.

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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.

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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.

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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.

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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.

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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.

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COA: Mentally disabled man belongs in work release, not prison

A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were  mitigating factors in his sentencing.

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COA: Police lawfully entered home; battery conviction upheld

A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana  Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.

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COA awards custody to father, orders assets redivided

After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.

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COA affirms woman’s involuntary commitment despite moot appeal

Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.

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