A longtime criminal who was convicted of violating his parole on an attempted robbery sentence was deprived a hearing on a corrected record and therefore is entitled to post-conviction relief, the Indiana Court of Appeals ruled Tuesday.
A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”
The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.
The Indianapolis Metropolitan Police Department and the city’s Office of Corporation Counsel pursued a ‘wholly meritless, possibly frivolous argument’ in a public-records case, the Court of Appeals ruled Monday. The city will pay the legal fees of a man who sued to obtain records after he was denied.
An Indianapolis man who had lived with his father with the consent of the senior apartment complex where he resided should not have been convicted of trespass after he was ordered to leave, the Indiana Court of Appeals ruled in overturning a bench trial verdict.
An ex-husband’s actions that prompted a woman to get a protective order against him did not constitute stalking or threatening behavior sufficient to warrant the court order, the majority of an Indiana Court of Appeals panel ruled Friday. A dissenting judge warned the holding “insulates perpetrators of domestic violence” who threaten friends or associates of former partners.
A man who was drummed out of the Islamic Society of Michiana’s board of directors filed a combative, confusing brief demonstrating bad faith when he appealed a trial court’s dismissal of his pro se suit seeking $5.2 million in damages. Now he’s on the hook for damages.
A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.
Dealing with the question for the first time in a negligence case involving a fired truck driver, the Indiana Court of Appeals decided that a post-incident investigation is not an inadmissible subsequent remedial measure.
The Indiana Court of Appeals in a child in need of services case questioned why the Department of Child Services was able to not comply with multiple court orders and face no consequences from the juvenile court.
Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.
A registered nurse at a Wayne County clinic that treated those with addictions will face criminal charges for her role in handing out prescriptions prepared outside the usual course of professional medical practice. The Indiana Court of Appeals reversed the dismissal of those charges that was based on the fact she was not a doctor.
Whether someone used another person’s identity for a lawful purpose is an affirmative defense to the crime of identity deception and not a material element of the crime, the Indiana Court of Appeals ruled in a first impression matter.
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
Two of three judges on an Indiana Court of Appeals panel urged lawmakers to revisit a requirement that trial courts advise convicts of their earliest and latest possible release dates, but a third judge dismissed the majority’s position that the requirement “imposes an impracticable burden on our trial courts.
The Indiana Court of Appeals holds the Legislature didn’t intend feticide charges for pregnant women.
Hearing arguments about a case that resulted in what may be among the largest awards for loss of consortium, the Indiana Court of Appeals repeatedly questioned what amount of damages is too much and when a jury’s decision should be overturned.
An inmate’s pro se legal briefs arguing for a modification of his 70-year drug sentence impressed the Indiana Court of Appeals, who granted him another chance to make his case that he deserves leniency as a model prisoner who made the best of his time behind bars.
A man convicted of killing a female co-worker whose skeletal remains were found in a Johnson County marsh was denied an opportunity to use the court record to plead his counsel was ineffective as he sought post-conviction relief, the Indiana Court of Appeals ruled Friday.
A man failed to persuade the Indiana Court of Appeals that revocation of his probation on a drug charge was barred by the doctrine of res judicata because his placement in community corrections had already been revoked.