Habitual offender amendment after jury empaneled ruled error
A habitual offender enhancement for a man convicted of robbery cannot stand because the state amended the underlying charges after a jury was empaneled, the Indiana Court of Appeals ruled.
Indiana Court of Appeals
Articles
‘Living as if a spouse’ permits woman’s domestic battery conviction
A married woman convicted of domestic battery against a man with whom she was involved in an on-again, off-again romantic relationship couldn’t persuade an appeals court that it was a stretch to apply the criminal statute in her situation.
Misplaced court order not the same as undelivered, COA rules
Reviewing an appeal arising from a misplaced court order, the Indiana Court of Appeals has made clear that relief under Indiana Trial Rule 72(E) requires evidence that counsel did not receive the court’s notice.
Indecision over peremptory challenge waives defendant’s ability to appeal
A defense counsel’s courtroom debate over how to use his final peremptory strike prohibited the defendant from appealing the trial court decision to retain a juror who raised concerns about impartiality.
Failure to object to anonymous jury not ineffective assistance
A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.
Ruling: Magistrate improperly heard support case assigned to special judge
A father whose lawyer was surprised to see a magistrate presiding at his child support modification hearing that had been docketed with a special judge won a new hearing from the Indiana Court of Appeals on Monday.
No cash refund required for defective chest of drawers, COA rules
Although the Indiana Court of Appeals noted that the adage “buyer beware” did not apply, it still found that a customer who discovered a defect in a piece of furniture after purchase was not entitled to a cash refund.
Small-claims change of judge time limit further divides appellate courts
How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.
No evidence that missed deadline was result of ineffective attorney
A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.
Justices pass on Star anonymous online commenter case, reinstate order to identify
The Indiana Supreme Court chose not to further review long-running litigation involving whether The Indianapolis Star must reveal the identity of an online commenter. The decision came one day after justices heard oral arguments.
Summary judgment improper in non-compete clause appeal
A trial court erred in granting summary judgment in favor of a former employer that sought to exercise a non-compete clause in the contract of an airline mechanic who went to work for another company.
Panel affirms molesting conviction, rejects vouching, competency challenges
A man’s conviction of Class A and Class C felony child molesting was affirmed by the Indiana Court of Appeals Monday as judges rejected challenges of the victim’s competency to testify and whether the court allowed vouching testimony by multiple witnesses.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Parental termination remanded over substitute magistrate’s findings
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
Jury rulings stand in U.S. Steel carbon monoxide poisoning case
A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.
COA affirms ruling clearing consulting doctor in death case claiming negligence
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
Appeals court upholds allowing represented defendant to argue pro se
A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Stopped traffic snarls purse snatcher’s getaway scheme
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
Stable owner liable for unemployment tax, appeals court affirms
The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.