Justices grant transfer to 1, deny 28 other cases
Indiana Supreme Court justices granted transfer to only one case among 28 others, agreeing to hear a dispute involving a traveling actor’s attempts to receive CARES Act benefits in Indiana.
Indiana Court of Appeals
Articles
COA reverses drug charges because person of ‘ordinary intelligence’ wouldn’t know about crime
The Court of Appeals of Indiana has tossed drug charges against three individuals because the emergency rule that made the synthetic cannabinoid a Schedule I narcotic failed to provide adequate information so that person of “ordinary intelligence” would know he or she was engaging in illegal behavior.
Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms
A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.
COA calls a foul after Fighting Irish try to ‘piggyback’ on public project
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.
COA: Despite driver’s admission to smoking meth, state failed to prove OWI
A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.
Indiana Court Decisions: June 16-28, 2022
Read Indiana appellate court decisions from the most recent reporting period.
‘I am grateful’: Najam recounts rich judicial career ahead of COA retirement
Court of Appeals of Indiana Judge Edward Najam recently sat down with Indiana Lawyer to reminisce about his lengthy judicial and legal career ahead of his retirement this summer.
Fort Wayne attorney loses sanctions appeal
An Indiana attorney who didn’t show up for a rescheduled deposition because he was “fully booked” has failed to convince the Court of Appeals of Indiana that the sanctions imposed against him were improper.
COA rejects challenge to meth conviction, sentence
A man found sitting on a container of meth has failed in his appeal of both his possession conviction and his eight-plus-year sentence.
Justices split on whether unruly defendants must be told they can return to court if they behave
A split Indiana Supreme Court has denied transfer in a case involving an unruly defendant, disagreeing on whether trial courts are required to inform disruptive individuals who have been removed from the courtroom that they can reclaim their right to be present if they behave.
COA awards city of Carmel attorney fees in dispute over mayor’s emails
A lengthy legal dispute over obtaining emails from Carmel’s mayor stemming from a local summer camp incident has led to the city winning attorney fees twice.
COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation
Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.
Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights
A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.
COA rejects evidentiary challenges, upholds murder conviction
With the dying words of his victim and cellphone records against him, an Indiana murderer failed to get his conviction overturned by the Court of Appeals of Indiana on Thursday.
Grant of PCR petition upheld after lawyer withheld disciplinary actions
Despite being “caught at the scene of the crimes,” the Court of Appeals of Indiana has affirmed post-conviction relief for a man who pleaded guilty to burglary based on the advice of an attorney who was hiding the fact that he was planning to resign from the Indiana bar for disciplinary reasons.
COA upholds involuntary mental health commitment
A man who challenged his involuntary mental health commitment after he had already been released failed to convince the Court of Appeals of Indiana that he shouldn’t have been held against his will.
Judge’s comment doesn’t require reversal of 15-year sentencing enhancement, COA rules
Despite a judge’s comment that a defendant “dodged a bullet” in avoiding a murder conviction, the St. Joseph County man cannot avoid a 15-year sentencing enhancement on his conviction of reckless homicide with the use of a firearm, the Court of Appeals of Indiana has concluded.
COA: Volunteered evidence shouldn’t be suppressed despite officer’s Miranda violation
The Court of Appeals of Indiana has reversed an order to suppress drug evidence found after a Miranda violation, finding state and federal constitutions don’t require suppression of the physical fruits of evidence obtained through the violation after the suspect volunteered the information.
Armed robber loses appeal of conviction, sentence
A man convicted of one armed robbery based in part on his ties to another potential robbery has failed to secure relief from either his conviction or sentence.