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.
Indiana Court of Appeals
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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.
COA finds homeowners association committed slander of title
The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant’s requirements when leasing their home.
2 judges, public defender selected as COA judge finalists
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.
Nominating Commission names 3 finalists
The next Indiana Court of Appeals judge will be Marion Superior Judge Robert R. Altice Jr., Wabash Superior Judge Christopher M. Goff or Patricia McMath of the Marion County Public Defender Agency. They are the three finalists that the Indiana Judicial Nominating Commission selected Wednesday after holding interviews most of the day.
COA reverses blanket exclusion for testimony of eavesdropping officers
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
Wife loses appeal of custody arrangement, contempt finding
A trial court did not abuse its discretion when it found a wife in contempt of the court’s preliminary order regarding parenting time and visitation and when it entered a custody arrangement not requested by the parties, the Indiana Court of Appeals ruled Wednesday.