Threats of violence sufficient to order involuntary commitment
Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.
Indiana Court of Appeals
Articles
Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
Tinted-window stop yielding pot arrest by precedent-setting cop upheld
Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.
COA affirms probation violation for nonsupport, modifies amount due
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
Foreclosure stands against ‘Redemptionist’ claims, appeals panel rules
A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.
Change in state statute gets public intoxication conviction overturned
Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.
Conviction, 30-year sentence affirmed in armed robbery
A man who, with other masked gunmen, robbed an Indianapolis Asian market lost his appeal Thursday.
For want of $2, negligence claim is untimely
A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.
Divided appellate court reinstates charges stemming from illegal stop
An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.
Appeals panel affirms sole custody for mother moving to China
A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.
No new trial for defendant who discovered pitfalls of proceeding pro se
A defendant’s request for a do-over after representing himself at trial and being found guilty was denied by the Indiana Court of Appeals with the admonishment “proceeding pro se is riddled with pitfalls.”
Malpractice defense accused of ‘egregious mischaracterization’ of record
Defense attorneys who asked for a rehearing from the Indiana Court of Appeals panel that earlier affirmed a trial court medical malpractice jury verdict failed to sway judges who took the opportunity to call out their “egregious mischaracterization” of the record.
Community-caretaking duties permits warrantless search
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
Charge dismissed in error negates felony DUI enhancement
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
Man still drunk despite change in public intoxication statute, COA rules
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
Pending petition for child support becomes applicable after Legislature amends statute
A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.
Observation and training provided ‘reasonable suspicion’ to conduct traffic stop
A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.
Man may be retried on sex charge, but state may not amend
A man acquitted on a rape charge but whose charge of sexual misconduct with a minor ended in a hung jury and mistrial may be retried, but not on a count the state sought to amend, the Court of Appeals ruled Tuesday.
Time spent in federal custody does not interfere with right to speedy trial
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
Single sewer lien not enough to bring foreclosure
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.