COA orders reduced sentence in first impressions case
In reversing a sentence for a serious violent felon, the Indiana Court of Appeals has ruled that intending to commit a “crime of violence” is not, in itself, a crime of violence
Indiana Court of Appeals
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COA: Insurance policy covers deputy killed while directing traffic
The Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana Court of Appeals affirmed.
Judge: Names in workforce development cases should remain confidential
There appears to be discord among the judges on the Indiana Court of Appeals as to whether party names should be confidential in workforce development cases.
Man entitled to warning that conduct may waive right to counsel
The Indiana Court of Appeals has reversed the finding that a man charged with murder is no longer indigent and that his difficult behavior caused him to waive or forfeit his right to appointed counsel. The appellate court concluded that the judge considered the defendant’s conduct, not his ability to pay, when finding him no longer indigent.
COA splits on whether Dreaded decision requires judgment for insurer
In a dispute over whether an insurer was required to pay pre-notice costs for environmental cleanup, the Indiana Court of Appeals was divided over whether the Indiana Supreme Court ruling Dreaded v. St. Paul Guardian Insurance was distinguishable from the instant case.
Man not prejudiced by counsel’s deficient performance
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
Court divided over consent to 5-person jury
A panel of Indiana Court of Appeals judges split on the issue of whether a defendant agreed to allow a five-member jury to decide her case after one juror fell ill, with the dissenting judge believing the defendant – not her counsel – must consent to the five-person jury.
Victim’s statements to nurse allowed, but judges reverse convictions
The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.
Judges uphold theft charge against man
On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.
COA reverses trial court on Kroger building proposal
The Indiana Court of Appeals has ruled that the Town of Plainfield Plan Commission must provide The Kroger Co. with specific reasons its building plan was denied or allow Kroger to build a gas station as planned.
Judges reverse teen’s adjudication for school absences, tardies
The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
COA rules paying penalty doesn’t nullify appeal
The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.
COA sides with Live Nation in naming dispute
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
Court could find juvenile must register as sex offender
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
Man’s convictions upheld despite court’s use of inadmissible evidence
The Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s multiple rape and sexual conduct convictions.
COA: Names in workforce development cases aren’t confidential
From now on, the Indiana Court of Appeals will publish full names of parties on workforce development review board cases after determining state statute doesn’t require those to be kept confidential in public court records.
Appeals court affirms sending employee appeal back to agency
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
Justices reverse ruling against hospital on spoliation claim
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
Judges split over order property owner pay for construction of drainage-ditch arm
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
COA allows for admission of vehicle photo in personal injury action
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.