Articles

Judges affirm 911 recording properly admitted as evidence

Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.

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COA not persuaded by defendant’s claims on appeal

The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.

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Refusal to give jury instruction not harmless error

A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.

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Mother’s consent to adoption not required

The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.

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Court split over valid ID requirement for name change

The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.

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COA rejects insurer’s new arguments

An insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the company has a duty to indemnify or defend.

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COA affirms order Amish connect to sewer system

The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.

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COA rules in favor of remodeler on unhappy client’s claim

Finding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment, the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently performing work on her home.

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COA orders man removed from Ind. sex offender registry

Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.

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Trial court properly retained 1 juror, dismissed other

A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.

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