Judges revise murder sentence
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
Indiana Court of Appeals
Articles
COA affirms ruling in favor of mining company, DNR
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
Appellate court split on ordering new trial for mom
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
COA finds mentally ill man was aware actions were wrong
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
Judges disagree on impact of caselaw
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
Judges rule in favor of insured
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
Court ordered to recalculate division of pension
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
Judges affirm change in custody
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
Justices address forum-shopping
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.
Officer’s statement not protected by First Amendment
A divided Indiana Court of Appeals has ruled the New Albany Police Department had the right to discipline an officer whose racially charged comments made to fellow officers were leaked to the press and made public.
COA rules police officer’s questions not unconstitutional
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
Appeals court rules on gas station’s insurance coverage case
Determining that an insurance company was obligated to defend and indemnify a Warsaw service station for contamination cleanup, the Indiana Court of Appeals has reversed a Kosciusko Superior Court decision finding otherwise.
Judges rule Wisconsin court had personal jurisdiction
The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.
Judges rule on lakefront land rights case
The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.
Court of Appeals reverses medical malpractice ruling
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.
Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
COA affirms trial court in finding drug evidence was admissible
The Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse and hotel room.
Judges reverse adoption completed while mother was out of state
The Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding the matter was surrounded by irregular and fraudulent circumstances.
Justices rule for first time on FEGLIA preemption issue
In a dispute between two ex-wives over the life insurance policy of their deceased husband, the Indiana Supreme Court has ordered the trial court determine how much money each woman is entitled to.
Court upholds robbery conviction
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.