The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.
JM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their home.
The Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part of the record on appeal.
The Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint didn’t justify the stop.
The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.
The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.
The Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted into evidence.
A man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
A Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and the judge’s wife could not stand.
A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.
A trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect on the children.
The Indiana Court of Appeals found Wednesday that the Indiana Department of Transportation is entitled by law to acquire a portion of an Ohio County couple’s property to improve State Road 56.
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.