No opinions for 3rd day in a row
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
Indiana Court of Appeals
Articles
Sex offender may file to take name off registry
The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he
filed his petition in the wrong court.
Opinion rules on 2 issues of first impression
The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code
Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.
Majority upholds violent sexual predator finding
An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.
Judges affirm juvenile placement in DOC
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.
COA: Judge should have recused himself
The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.
Judges reverse, reinstate sex-offender conviction
The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.
Pro se defendant must be advised of rights
The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
Court rules on sex offender status decisions
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.
Judges rule on child molesting statute of limitations
Addressing an issue that’s been litigated back and forth on appeal for more than 20 years, the Indiana Court of Appeals decided today that a statute of limitations on felony child molesting begins running once the actions stop and the victim is no longer being prevented from telling authorities.
Fees updated for appellate courts
The Indiana Supreme Court published an order April 26 on the fees the state’s
appellate courts clerk can charge for miscellaneous services.
Judges disagree on case involving juror strikes
A Marion County deputy prosecutor’s striking of potential jurors has divided an Indiana Court of Appeals panel, with judges
disagreeing about whether it should second-guess a lower court’s finding that no racial discrimination was in play in striking
the African-American jurors.
Legal process on mental illness isn’t yet where it should be
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to
better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn’t gone far
enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental
illness.
Legislature’s final days bring up merit selection, out-of-state placement issues
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of
the session, reviving talk on two issues that have significant impact on the state’s judiciary and legal system.
Appellate senior judge dies after brief illness
The first chief judge of the Indiana Court of Appeals and current senior judge on the appellate court died on Dec. 25 after suddenly falling ill.
COA to hear arguments at IU-Indy
The Indiana Court of Appeals will hear arguments at an Indianapolis law school in a man's appeal of his convictions of resisting law enforcement and battery on a police officer. Judges Paul D. Mathias, Terry A. Crone, and Elaine B. Brown will hold arguments at 5 p.m. Tuesday in the Wynne Moot Courtroom at Indiana […]
Suit filed after statute of limitations end
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
Appellate court to hear arguments in Lafayette
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
COA in Carmel to hear appeal of sanctions
The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.
COA upholds eviction action
A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.