Woman’s burglary conspiracy conviction affirmed
The Indiana Court of Appeals Friday affirmed the conviction of a correctional officer who played a role in arranging the burglary of a safe from a friend’s home.
Indiana Court of Appeals
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Appeals court affirms denial of post-conviction relief
A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.
Ex-IMPD officer claims juror misconduct, denied due process
The former Indianapolis police officer convicted of killing one motorcyclist and injuring two others when he hit them while driving his patrol car in 2010 argues in his brief filed Wednesday that he is entitled to a new trial.
Summary judgment proper on issue of causation, COA rules
The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.
Man can be charged for failing to register in 2 counties
The Indiana Court of Appeals has ordered a trial on a charge of failing to register as a sex offender in Vanderburgh County, ruling that a man can be charged in that county even though he pleaded guilty to failing to register in a different county based on the same move.
Illinois law applies to accident in that state involving Hoosiers
A trial court properly held that Illinois substantive law is applicable to a collision that occurred in Illinois between two Indiana residents, the Court of Appeals concluded Tuesday.
Court erred in denying nursing home’s motion to compel arbitration
A trial court incorrectly concluded that an arbitration agreement contained in a nursing home’s facility admission agreement was ambiguous because the parties bound by the agreement are not clearly named, the Indiana Court of Appeals held Tuesday.
City fails to prove urine sample arrived at lab with seal intact
The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.
COA splits over whether pat down after traffic stop was justified
A majority on the Indiana Court of Appeals concluded that a trial court abused its discretion when it denied a man’s motion to suppress drug evidence found on him after police pulled him over for failing to signal a turn. But the dissenting judge believed the arresting officer had sufficient reason to think the defendant might be armed and dangerous during their encounter.
Mom can’t receive damages based on daughter’s injuries caused by mold
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.
Trial court correctly determined physician had no duty to patient
The Indiana Court of Appeals agreed with the lower court that summary judgment is appropriate for a physician being sued for medical malpractice because there was no physician-patient relationship.
Inmate’s action for credit time moot after DOC grants request
A Henry Circuit judge correctly dismissed an inmate’s action for educational credit time as moot after the Department of Correction determined he was entitled to the time and awarded him the credit, the Indiana Court of Appeals held Monday.
State to scope Indy block for new building to house judiciary, legislative office space
Gov. Mike Pence’s administration is in the early stages of a land-use study for a hot piece of downtown Indianapolis property north of the Statehouse.
Dad’s text to daughter supports violation of protective order
A Johnson County man who sent a text message to his daughter to give to his ex-wife – who had a protective order against him – violated that order when he sent his daughter the message, the Indiana Court of Appeals affirmed.
COA reverses public intox conviction based on potential danger
The state’s claim that a man’s public intoxication conviction should stand because of possible danger he faced if he left an apartment complex while intoxicated was rejected by the Indiana Court of Appeals Thursday because the argument was merely speculative.
COA clarifies and affirms original opinion in environmental cleanup case
The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.
Statute does not allow for deferral of dealing marijuana charge
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
Judge: Outdated caselaw needs revised to handle Internet issues
A dissenting judge in an unfair competition case involving the near simultaneous registrations of the same Internet domain name urged the Indiana Legislature and Supreme Court to “usher Indiana into the technological realities of the 21st Century.”
Judges uphold felony conviction for kicking cat
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
Interest rate charged by bank upheld by Court of Appeals
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.