COA upholds conviction, trims sentence in heroin case
The Indiana Court of Appeals upheld a man’s conviction but reduced his sentence for dealing heroin even though he didn’t actually participate in the transaction in one of the counts.
Indiana Court of Appeals
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COA: Evidence obtained during welfare check is admissible
The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.
Appraiser has no duty of care to real estate seller
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
Justices deadlock 2-2 on transfer in two cases
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court’s list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
COA: Lack of release advisement was harmless error
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
Judges say order for DCS interviews with children should not have happened
The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.
Recorded conversation, conviction are admissible evidence, COA holds
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
COA upholds denial of post-conviction relief petition
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
COA: Stop violated 4th Amendment
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
COA: Child’s name can be changed
A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.
COA upholds charges in robbery, assault case
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
Appellate pleadings and motions going online pushed to July 1
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
COA: Defense lawyer’s ‘questionable’ conduct not reversible error
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.
Split COA reinstates suit of pedestrian hit by deputy’s vehicle
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
Appellate courts host free bicentennial CLE program
The Indiana Supreme Court and Indiana Court of Appeals will host a free one-hour continuing legal education program from 3 to 4 p.m. Thursday, May 19 in the Supreme Court Courtroom.
Appeals court reverses its decision on partition fences
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
COA: Sentence appropriate for officer involved in deadly accident
The Indiana Court of Appeals upheld a police officer’s sentence for reckless homicide and criminal recklessness inflicting serious bodily injury after he crashed into a car while under the influence of hydrocodone and Xanax. The crash killed a man in the other car and severely injured his wife, who was nine months pregnant. Rebecca Sperry […]
Attorney must pay parking ticket, nothing more, court holds
The Indiana Court of Appeals ruled that an attorney who was given a $20 parking ticket that ended up costing him $150 in late fees only needs to pay his ticket. The attorney sought $2,500 in damages and fees over the incident.
Appellate court affirms denial of man’s insanity defense
The Indiana Court of Appeals affirmed Wednesday the denial of a man’s insanity defense after he was found guilty of two counts of attempted murder.
COA affirms murder weapon should be destroyed
The Indiana Court of Appeals affirmed denial of man’s request to give the weapon he used for murder back to his mother.