Articles

Man entitled to serve sentence in jail, not DOC

The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.

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COA reverses woman’s fine for defying no-animals order

Finding the $1,000 fine imposed for indirect contempt of court after a woman continued to have animals at her home after ordered by a court not to do so was punitive in nature and impermissible, the Indiana Court of Appeals reversed Wednesday.

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Breach of contract suit to get new venue

A trial court should have granted the city of Lawrenceburg’s request to move a breach of contract lawsuit against it filed by Franklin County out of Franklin County, the Indiana Court of Appeals ruled Monday.

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Court divided over stop of man in movie theater

By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.

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COA affirms officer’s stop of teen involved in mall ruckus

A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.

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COA advice: Leave affirmation out of jury instructions

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.”

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City owes man legal fees for ‘meritless, possibly frivolous’ case

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.

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Appeals panel overturns man’s trespass conviction

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.

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Dissent: PO reversal ‘insulates’ domestic violence perpetrators

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.

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Imam, Islamic Society entitled to fees from deposed member

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.

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