Pawnshop owner not victim of prosecutorial misconduct
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
Indiana Court of Appeals
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Guilty plea stands despite ineligibility for habitual charge
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
Reversal: VORP cannot be ordered in sentence
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
Failure to read contract no protection against liability
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
Wiretap and defamation claims against South Bend councilman allowed to move forward
Overturning the trial court’s dismissal, the Indiana Court of Appeals is allowing the complaint claiming a South Bend city councilman violated the federal wiretap act and committed defamation to proceed.
Reversal: Insurer’s acceptance of payment reinstated policy
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
Uncertain of meth’s status, COA tosses syringe conviction
A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.
Judge’s description not impermissible judicial testimony
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
Victim’s statements were dying declaration, COA rules
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
Convictions based on ‘very same behavior’ do not violate double jeopardy
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
Trial court erred in ruling defendant waived counsel
A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.
Dissenting judge implies majority reweighed evidence in custody reversal
A dissenting judge on an Indiana Court of Appeals panel that Wednesday reversed a child custody order implied the majority reweighed evidence to reach its conclusion.
COA hands remonstrators another defeat
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
Aunt denied custody of CHINS niece in foster care
An aunt who repeatedly sought to gain custody of her 4-year-old niece the Department of Child Services placed in foster care got no relief from the Indiana Court of Appeals Wednesday.
Material alteration of terms sufficient for dismissal of foreclosure
A trial court properly ruled against a financial institution in a mortgage foreclosure action because terms of the surety’s contract were materially altered over time, the Indiana Court of Appeals ruled Tuesday.
COA clears way for broader use of postnuptial agreements
A February decision by the Indiana Court of Appeals makes postnuptial agreements a more attractive option for married couples who, considering divorce, decide instead to reconcile.
Altice selected to succeed Friedlander on Court of Appeals
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals July 17 by Gov. Mike Pence.
Unsupported search warrant voids drug conviction
The Indiana Court of Appeals Friday threw out a man’s cocaine dealing conviction, holding that a search warrant that led to charges against him should not have been issued.
COA affirms conviction, sentence in pizza deliveryman’s slaying
The Indiana Court of Appeals Thursday upheld the 65-year sentence and convictions a jury rendered against an Indianapolis man who robbed, shot and killed a pizza deliveryman at a southside apartment complex.