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.
Indiana Court of Appeals
Articles
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.
Appeals court affirms judgment for Valpo frat in student fight
A fraternity fight between two Valparaiso University students who had clashed before is not grounds to hold the local or national fraternities responsible for one of the student’s injuries.
Possession of precursors ruled lesser-included offense of greater crime
A man who fled his car and left a “Nazi method” methamphetamine lab behind for police to find was able to get part of his conviction overturned because officers did not find any of the actual illegal drug.
Justices add 2 foreclosure cases to docket
A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.
Landscaper’s attorney fails to explain fee
A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.
Judgment for Planned Parenthood stands, but not for minor’s ID provider
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
Court must consider man’s self-defense claim at new bail hearing
A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state’s burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield’s case, the judges remanded the matter for further proceedings.
Judges order home invasion sentence lowered
Noting that a defendant who broke in to an elderly couple’s home and beat the husband would have received a lesser sentence if he had actually killed the victim, the Indiana Court of Appeals ordered Jeffrey Hunt’s 120-year sentence revised.
Reversal: Bank’s refiled foreclosure ‘disingenuous,’ ‘improper’
A bank won summary judgment in a refiled mortgage foreclosure suit against a bankrupt couple after its first complaint was dismissed, but the Indiana Court of Appeals slapped down the trial court ruling Monday and dismissed the case.