COA: Firm entitled to investigatory expenses
A firm who represented an indigent man’s murder case pro bono is entitled to the costs of the investigation of his defense, the Court of Appeals ruled, even though the man pleaded guilty.
Indiana Court of Appeals
Articles
Undocumented immigrant issues left unanswered
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
COA reverses, remands unemployment eligibility ruling
Whether a worker voluntarily left employment must be determined by the review board of the Department of Workforce Development, the Indiana Court of Appeals ruled Friday, remanding the board’s finding that the worker was eligible for unemployment benefits.
COA: Court order couldn’t disqualify attorney on future cases
The Indiana Court of Appeals declined to decide whether a trial court erred in concluding an ex-city attorney violated the Rules of Professional Conduct when he acted as the lawyer for a defendant in a suit brought by the city.
COA clarifies confusion around judicial admissions
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
Judges cite past domestic violence convictions in affirming sentence
The Indiana Court of Appeals upheld an Ohio man’s 180-day jail sentence for misdemeanor battery against his ex-wife, noting he showed no remorse regarding two previous domestic violence-related convictions.
Court divided over failure to identify conviction
Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.
COA: Sovereign citizen still subject to jurisdiction
The Indiana Court of Appeals affirmed a man’s murder conviction Thursday, finding the trial court had jurisdiction despite his status as a “Moorish American National Sovereign” and “secured party creditor.”
Burglary of deceased’s home still Class B felony, COA holds
A man who burglarized a house in Huntington after the occupant had recently died was rightly denied his petition for post-conviction relief based on his argument that the house was no longer a dwelling, the Indiana Court of Appeals ruled Thursday.
Woman entitled to inherit estate, judges affirm
The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.
Appellate court defines rules of police stops
The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.
Man who was visiting friend not subject to illegal search
A man who was visiting a friend when police found him in possession of a handgun was not a victim of an illegal search, the Indiana Court of Appeals ruled Wednesday.
COA: Trainer who had license suspended denied due process
A woman was denied due process after she had her athletic trainers’ license suspended for having a sexual relationship with one of her clients, the Indiana Court of Appeals ruled. Even though she did not attend her hearing, her attorney did and the complaint she filed should not have been dismissed.
7th Circuit affirms COA sentence in split decision
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
COA: Video testimony from protected person allowed at trial
The Indiana Court of Appeals affirmed a man’s Level 5 felony battery conviction despite admission of a videotaped interview from a protected person into evidence and allowing three people to testify about their interactions with that protected person.
COA affirms denial of rescission of lifetime license ban
A man failed to persuade the Indiana Court of Appeals to restore his driving privileges after a trial court rejected his petition for rescission of a lifetime suspension.
COA: Jury replay of 911 call within court’s discretion
A trial court was within its discretion to allow a jury to rehear a recording of a 911 call during deliberations, the Indiana Court of Appeals ruled Tuesday in affirming a man’s convictions of intimidation and theft.
Supreme Court clarifies employment discrimination case
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
COA: Federal statute supersedes state one
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
COA: Time expired in bringing criminal trial
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.