Appeals panel offers direction to abusive pro se litigant
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
Indiana Court of Appeals
Articles
Man convicted of brutal beating loses appeal despite errors
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
COA reverses custody evaluation granted to grandparents
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
Perjury voids conviction; COA refers prosecutor for discipline
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
Evidence does not support grandparent visitation order, COA rules
Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.
COA revises neglect of dependent conviction stemming from boy’s death
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
Felony enhancement reversed because woman did not directly cause officer’s injury
The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.
COA: Man entitled to have attorney present at small claim hearing
Finding that a businessman who was confused as to whether he needed his attorney to appear in a small claims case was denied the basic right of representation, the Indiana Court of Appeals reversed the denial of his motion for a continuance.
Judges reverse probation revocation due to inadmissible evidence
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
Judges: Cop shouldn’t have asked driver for license
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
Judges reverse drug charges based on constitutional violation
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of “no trespassing.”
Split COA orders trial for woman injured measuring countertop
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
Failure to object to judge in termination case waives argument on appeal
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
Delay of protection order hearing called ‘disturbing’
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
Language of trust overrides statutes, COA rules
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
Denomination loses appeal in favor of breakaway church
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
Conviction for hit-and-run fatality affirmed
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
COA rules contract with missing elements is still valid
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
COA reverses judgment for driver in fatality, rules for moped rider’s dad
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.