Wife to receive more in divorce settlement
A wife will get around $116,000 more in a divorce settlement after the Indiana Court of Appeals found the trial court erred in applying the coverture fraction formula to the husband’s retirement accounts.
Indiana Court of Appeals
Articles
COA overturns trust validity case
A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.
Woman’s self-improvement efforts not enough to change sentence
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
Bad publicity not enough to justify preliminary injunction
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
Denial of jury instruction was correct, COA rules
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
Man has to pay back money despite court errors
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
COA denies expungement after man admitted to committing crime
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
COA: Anonymous tipster’s information enough for conviction
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
COA: man not entitled to relief under firearms statute
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
COA says town didn’t defame employee after audit
The Indiana Court of Appeals reversed a decision denying a town summary judgment after a former employee claimed defamatory damages when the town fired her after completing an audit.
COA affirms man not entitled to overtime pay
The Indiana Court of Appeals affirmed a man was not entitled to overtime pay because his contract specified as such during his employment.
COA: Man should have met with state public defender’s office
The Indiana Court of Appeals reversed the grant of the state’s motion for summary denial of man’s request for post-conviction relief because his case was not forwarded to the State Public Defender’s Office.
Court says children were endangered by public intoxication
The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.
Appellate court filings to be put online April 1
A task force created by the Indiana Supreme Court to look into remote access and privacy of electronic records decided appellate court briefs filed by attorneys would be put online at mycase.in.gov beginning April 1.
COA: Wood boiler cannot be used while court case is pending
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
COA agrees state did not interfere with defense
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
Court finds double jeopardy in stalking case
The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.
ESPN makes appeal for Notre Dame police records
ESPN Inc. argued public policy, legislative intent and precedent in Indiana and other states favor a Court of Appeals order for University of Notre Dame police to release records of incidents involving student athletes.
Appeals court reverses Indy recycling contract decision
The Indiana Court of Appeals has reversed summary judgment in favor of the city of Indianapolis and the Board of Public Works regarding a controversial contract with Covanta to create a trash and recycling center.
Appeals court: man denied full credit time
The Indiana Court of Appeals reversed and remanded a man’s sentence for theft and resisting law enforcement after ruling he should have been granted credit time.