Court correctly dismissed man’s motion to correct sentence
The Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct his sentence stemming from drug convictions in 1994.
Indiana Court of Appeals
Articles
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.
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.
Order compelling Star to name online commenter stayed after arguments
The Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.
COA finds trial court’s error in sentencing was harmless
A trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
Appellate panel affirms foreclosure, cites lack of meritorious defense
An Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held that she had not demonstrated a meritorious defense.
COA reverses order requiring victim to pay attorney fees
A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
Governor names Pyle’s trial court replacement
Gov. Mitch Daniels has appointed Angela Warner Sims as judge of Madison Circuit Court. She succeeds Judge Rudolph Pyle III, who was appointed in August to the Indiana Court of Appeals.
Estate lawyers’ duty of responsibility clarified in proposed legislation
Estate attorneys are hoping the Indiana General Assembly will provide a remedy after a ruling by the Indiana Court of Appeals muddied the waters concerning the scope and duties of a lawyer working on behalf of an estate’s personal representative.
Indiana sex offender parole conditions at issue
Indiana appellate judges are grappling with sensitive questions about whether the state’s automatic and uniform parole conditions for sex offenders are constitutional.
Appeals court to hear Star appeal on identifying online commenter
The Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an online commenter and will hear further arguments on the matter Tuesday morning.
Trial that OK’d Jasper energy plant conversion error-filled
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
Legislature intended to make failure to report child abuse a continuing offense
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
COA finds trust that bought foreclosed home gained insurance equity
An estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
Kohl’s loses appeal vs. developer, county over Evansville store
A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.
Off-duty police officer’s stop and frisk violated Fourth Amendment
The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
Court affirms termination of parental rights for drug-using mom, dad
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
Appeals court rules wrong state law applied in truck crash, but result is same
A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
Divided COA allows suit after wage claim fails at Department of Labor
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.