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.
Indiana Court of Appeals
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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.
Brothers’ murder convictions upheld by COA
Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror’s concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.
COA affirms new trial on motorcyclist’s negligence claim
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.
Appeals court declines to revise battery sentence
Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery – one as a Level 6 felony and the other a Class A misdemeanor – the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.
Mother’s failure to timely contest adoption dooms appeal
A woman who failed to give notice to the court within 30 days after learning her child’s stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.
8 apply to be next COA judge
The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.
Woman’s battery conviction reversed due to fatal variance
A couple arrested after they screamed and resisted arrest at a local Department of Child Services’ office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.
Judges dismiss appeal over deposition prep time
Because a trial court’s decision to deny ordering the defendants to pay for the time the plaintiffs’ expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.
Bank wins partial victory in suit stemming from overdraft fees
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
Handgun properly admitted at juvenile’s hearing
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
Court reverses convictions from robbery due to double jeopardy concerns
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.
Attorney did not breach any duty owed to Conour clients
An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.
Hospital’s 41(E) motion not timely filed, rules COA
The Indiana Court of Appeals decided in a case of first impression that a hospital, which filed its Ind. Trial Rule 41(E) motion to dismiss on the same day the plaintiff resumed prosecution of the case, did not timely file its motion.
COA: Man can petition for sentence modification under new statute
The Indiana Court of Appeals decided Wednesday that a man sentenced in 2006 could petition for a sentence modification under a new 2014 statute that no longer required prosecutorial consent. But the judges decided that his petition for sentence modification should be denied.
Teen must pay restitution despite terminated probation
In a case of first impression, the Indiana Court of Appeals held that an Indianapolis teen is still required to pay restitution to the person he was involved in an auto accident with, even though the juvenile court discharged him from probation.
Criminal code revision gives no sentence relief for prior $30 theft
A LaGrange County man sentenced to two years executed for convictions of Class D felony counts of theft and attempted theft got no relief from his argument that the criminal code revisions enacted after his conviction would have been more lenient.
COA tosses treble damages since access was not denied
A feuding neighbor who twice entered the property next to hers to unplug a sump pump will not have to pay treble damages because the Indiana Court of Appeals found she did not commit criminal trespass.