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.
Indiana Court of Appeals
Articles
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.
State failed to show defendant conspired to rob gas station
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
Former St. Joseph County couple may divorce in Hamilton County
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
COA finalists await governor’s selection
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
Reversal: IDACS error no basis to suppress meth evidence
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
Back pain, fear for son no basis for unemployment benefits
An employee who voluntarily left employment was not wrongly denied unemployment benefits by the Indiana Department of Workforce Development, the Indiana Court of Appeals ruled Friday.
Justices strip adoption, reinstate statute COA struck down
An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren’s best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.
Judges split over whether to reinstate jury verdict
The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.