Articles

Court upholds man’s molestation convictions

Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.

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Judges uphold man’s conspiracy conviction

Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.

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Judges affirm ex-wife’s cut of lottery winnings

The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”

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COA: Search of passenger not unconstitutional

The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.

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Grandparents lose adoption appeal in first-impression case

Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.

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Parallel parenting provision divides COA

In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.

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Court video project exposes problems

The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.

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COA reverses award of attorney fees to couple

The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.

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Judges find court should have granted expungement

Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.

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Court splits over release of college transcript

A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.

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