Articles

COA tackles 2 issues of first impression

The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.

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Judges split over ruling in failed adoption case

A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.

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COA voids custody order in favor of father

The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.

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Judges dismiss man’s appeal of protection order extension

The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.

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Court: Man never raised defense to attempted robbery

The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.

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Vehicle forfeiture order affirmed despite state’s yearlong delay

A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.

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Agency collecting credit card debt not a creditor, COA rules

A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.

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Judges reverse felony enhancement for handgun possession

Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.

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Judges reduce rapist’s sentence to 165 years

The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.

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Judges uphold revocation of counselor’s license

The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.

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