Pyle takes oath at robing ceremony
Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.
Indiana Court of Appeals
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Court upholds conviction for theft of water heater
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
Indiana justices accept 2 cases
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
Judges reaffirm 2 Weinberger patients’ psychological evaluations
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
Delayed ordinance publication doesn’t affect power to annex
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.
COA affirms 5 child molesting convictions
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
Court rules in favor of state in taking of property for I-69
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
Court upholds imposition of court costs
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
COA split over whether DCS has authority to interview sibling
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
Criminal recklessness code covers firing gun into car
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
COA finds church member’s lack of brotherly love not sufficient to uphold conviction
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
Divided appeals court tosses Boonville annexation
The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
COA will not reweigh California environmental cleanup decisions
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
Court of Appeals reverses and remands inmate’s request for kosher meals
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.
Divided appeals court affirms disabled firefighter’s enhanced PERF benefit
A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.
Divided court affirms sentence that exceeds statutory authority
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
Appeals court affirms rejection of HOA ‘abusive junk fee’
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
Defendant’s argument should be made to rules committee
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
Judges find no misconduct by hospital
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
Fraternity pledge loses appeal involving alleged hazing incident
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”