10-year sentence for 5-finger discount not inappropriate, COA rules
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
Indiana Court of Appeals
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Courts announce July 4 holiday closures
Indiana appellate courts and the 7th Circuit Court of Appeals are extending the Independence Day holiday to a four-day weekend.
Thoroughbred rep loses appeal over license requirement
A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.
Appeals panel reverses summary judgment for insurer in hit-and-run
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
COA upholds termination of Bloomington high school teacher
Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.
Court upholds Sturgis’ conviction for murder of son
St. Joseph County resident Jerry L. Sturgis Sr. lost his appeal before the Indiana Court of Appeals Thursday that challenged convictions stemming from the beatings and abuse of three of his children, leading to the death of his 10-year-old son in 2011.
Mother not denied due process by denial of motion for continuance
A mother living in Florida was not denied due process when her motion to continue a termination hearing involving her three children, who were determined to be in need of services in Indiana, was denied by the Cass Circuit Court, the Indiana Court of Appeals has ruled.
COA orders new trial for man who represented himself
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
Nursing home can’t collect from estate under doctrine of necessaries
A Connersville nursing home can’t seek to collect on expenses for a patient after her death from the estate of her husband under the doctrine of necessaries, the Indiana Court of Appeals ruled, because the facility didn’t first seek to collect from the patient.
COA reaffirms separate convictions for check theft not warranted
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.
Judge: School corp.’s inattentiveness doesn’t support benefits reversal
The Indiana Court of Appeals was split Wednesday over whether a notice sent regarding a hearing on unemployment benefits required reversing the grant of benefits because the employer found the notice confusing.
Resisting law enforcement conviction reduced due to double jeopardy violation
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
Evidence supports felony inmate fraud conviction
Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.
Sex Offender Registration Act not ex post facto as applied to Perry County man
The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.
Man convicted in 1963 of murder not diligent in pursuing appeal
The Indiana Court of Appeals has denied George Cole’s petition for permission to file a belated notice of appeal following his 1963 murder conviction of a cab driver in Indianapolis and life sentence.
COA affirms trial court dismissal of judicial review but differs on reasoning
An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.
Appeals court upholds woman’s sentence for treatment of cats
A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.
Injured man who sued estate can only recover insurance policy limits
A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.
Summary judgment affirmed for casino in collapsing chair suit
The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.
Court upholds public intoxication conviction
A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.