Wife of Indiana judge charged with sending him threats
The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.
Indiana Court of Appeals
Articles
Landowners not prejudiced by approval of wind turbine project
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
COA issues new opinion in bail case involving self-defense claim
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
Journey’s Account Statute does not save woman’s complaint against DOC
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate’s instant complaint is time-barred and not saved by the Journey’s Account Statute, the COA held.
Revised sentencing statute not applicable to defendant, COA holds
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
Woman’s lien takes priority in property sold at tax sale
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
PCR court erred in determining woman violated probation
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
Indiana, not Canada, has jurisdiction over child custody dispute
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
COA rejects former guardians’ arguments on rehearing
An elderly man’s former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
Convictions upheld for man who battered girlfriend, relative at family reunion
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
Auto theft conviction of man who did not return rental car upheld
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
Website domain dispute pulled from justices’ calendar
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
COA orders judgment in favor of woman on adverse possession claim
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
Court OKs admission of tweets, reverses criminal gang activity conviction
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant’s girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
Man’s conviction from controlled drug buy upheld
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
COA orders woman’s sentence revised to include credit time
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
Revised sentence modification statute not applicable in defendant’s case
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
Appellate court records make switch to Odyssey May 4
Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.
Wiretap evidence properly admitted at murder trial
The Indiana Court of Appeals upheld a man’s conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.