Warsaw poker game operator’s conviction flushed
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
Indiana Court of Appeals
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Appeals panel reverses expungement denial
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
Woman’s comments to police considered political speech, COA rules
The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
Judges deny sentence modifications, but for different reasons
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges’ reasoning for the denials differed.
COA strikes portion of Indy no-smoking ordinance
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
ITCA does not apply to lawsuit challenging local firearm law
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
COA senior law clerk to become court’s new administrator
Attorney Larry L. Morris will succeed Steve Lancaster as the new court administrator for the Indiana Court of Appeals, effective October 1, the court announced Wednesday. Lancaster will retire in September after 20 years with the court.
New-crime exception applies in Indiana
Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.
COA split over company’s duty following propane accident
The Indiana Court of Appeals was divided Tuesday over whether a company that supplied a propane tank which was hooked up to a mobile home without the company’s permission owed a duty to a couple injured after an explosion in that home.
COA affirms father in contempt for not paying education expenses
The Indiana Court of Appeals affirmed the finding of a trial court that a daughter did not repudiate her father following a fall out over a car, so her father was required to continue paying her post-secondary educational expenses.
Inmate not entitled to revised sentence under amended statute
Although the recently amended sentence-modification statute now applies to an inmate seeking to revise his sentence, the Indiana Court of Appeals affirmed the denial of Ivan Vazquez’s petition due to untimely filing.
Justices take fired principal, battery cases
The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.
COA split over whether officer had suspicion suspect was armed
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
Post-conviction relief unavailable for traffic infractions
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
Teen’s arrest did not violate 4th Amendment
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
Record supports capping trustee fees at 1.5 percent
A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.
COA orders corrected notification sent to BMV, suggests form update
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
No error in granting variance for pet boarding facility
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
Inmate’s failure to comply with ITCA dooms lawsuit
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
Court split over whether man must remain on sex offender registry
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.