Appeals court tosses 3 of man’s 5 molestation convictions
A man convicted of five counts of molesting an 8-year-old girl on repeated occasions should only have been convicted of two counts, the Indiana Court of Appeals ruled Tuesday.
Indiana Court of Appeals
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Divided COA adds to difference of opinion on partial consecutive sentences
The Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.
Contempt conviction for failure to testify affirmed
A woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted of contempt of court, an appellate panel ruled Friday.
Appeals court tosses 1 of man’s 6 drug convictions
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
Appeals court reinstates trucker’s wrongful death suit
A trial court erred in granting summary judgment for an axle manufacturer sued by the estate of a contract truck driver who died when a load fell on him in an accident that occurred while the facility was closed.
COA: Social worker able to testify as expert witness
A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.
Ephedrine database allowable under business record hearsay exception
The Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
Insufficient notice voids tax deed
The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.
Man ineligible to bring belated appeal
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
COA addresses first impression issue regarding education under civil rights law
The Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event and later filed a complaint with the Indiana Civil Rights Commission.
Judges rule cop won’t have new trial on murder, arson charges
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
Ex-wife not required to pay attorney fees under FDCPA
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
Complex wrongful-death legal fee appeal puzzles judges
Judges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns at a care facility.
Prior knowledge of criminal history allows FSSA to disqualify employment
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
Appeals court affirms terminating mother’s parental rights
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
Officer had probable cause to believe defendant drove while drunk
The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.
COA: Mother should have challenged income evidence at trial
A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
Court affirms giving father custody after mother denies parenting time
A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
Subcontractor’s suit belongs in Hamilton County
The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.
Court rules in favor of insurer in environmental cleanup dispute
A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.