Old expungement law turns good luck to bad
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
Indiana Court of Appeals
Articles
Molester’s imprisonment alone insufficient to bar contact with son
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
Man extradited from Wyoming on many charges not denied speedy trial
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
AG seeks to reinstate misconduct charges against former IURC chief
The former head of the Indiana Utility Regulatory Commission could again face criminal charges in connection with his alleged actions surrounding Duke Energy’s Edwardsport power plant in 2010.
‘Appeals on Wheels’ takes teacher license suspension case to Franklin
Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.
Man who alarmed police near Lauren Spierer site appeals gun seizure
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
Appeals court finds IU med student properly dismissed
A third-year student at Indiana University School of Medicine kicked out after the university concluded he cheated on an exam lost his appeal of the trial court’s summary judgment in favor of the university.
Exclusion of money talk not a reversible error
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.
Heavily redacted report cannot hide behind business-judgment rule
Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.
Firing of officer who stunned nursing home patient was supported by evidence
A police chief and city review board were within their rights to terminate the employment of an officer who repeatedly used a Taser on a 64-year-old nursing home patient. An appellate panel Monday reversed a trial court order that had thrown out the officer’s firing.
Newspaper loses appeal over access to death records
A newspaper was not improperly denied access to death records, the Indiana Court of Appeals ruled Friday.
Affirmed sentence in home invasion, sex assault clarifies aggravator standards
An Indianapolis man’s 40-year executed sentence for leading a home invasion and forcing the woman who lived there to perform oral sex at gunpoint wasn’t improper, the Indiana Court of Appeals ruled Friday.
Brown County logging damages award stands
A landowner’s award of $55,572.50 in damages caused by a logging contractor at a property in Brown County was properly calculated, the Indiana Court of Appeals ruled Thursday.
Appeals panel reinstates claims of capacity, undue influence in trust dispute
A family feud involving half-siblings contesting the trust bequeathed by their mother was improperly disposed of through summary judgment, a panel of the Indiana Court of Appeals ruled Thursday.
Appeals court reverses, finds judgment on pleadings for insurer
An Orange Circuit Court judge erred when he failed to approve an insurer’s motion for judgment on the pleadings, and the Court of Appeals on Tuesday ordered the case remanded and such a ruling entered.
Old expungement law applies to dropped charges in plea deal, COA rules
A man who sought to expunge arrest records for charges that were dismissed in a 2011 plea agreement was denied at the trial court but convinced the Indiana Court of Appeals that access to those records should be restricted.
Ethanol plant emissions suit may be bound for Indiana Supreme Court
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
State Fair properly stripped champion sheep title, but penalties merit hearing
The Indiana State Fair Board’s decision to strip a winner of his grand champion sheep prize will stand, but the 4-H’er was entitled to a hearing on penalties, the Indiana Court of Appeals ruled Friday.