No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
Indiana Court of Appeals
Articles
DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not: An update
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Indiana Court Decisions – March 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Waterlogged tenants fail to sink privity requirement at COA
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
COA: Trial court harmlessly erred in denying direct questioning of prospective jurors
A St. Joseph County man convicted of involuntary slaughter for a drug deal gone wrong should have been permitted to directly question prospective jurors, but that error was ultimately harmless, the Court of Appeals of Indiana has ruled.
COA: Property transfer for Munster redevelopment an equitable mortgage, not sale
A sale of property in Munster that was subsequently transferred from the buyer to the town for redevelopment purposes was not a sale triggering a payment provision for the original owner, but an equitable mortgage, the Court of Appeals of Indiana has ruled.
Mother’s neglect of dependent resulting in death conviction upheld
A woman convicted of felony neglect of a dependent resulting in death after she left her infant son in the care of his father, who she knew had previously expressed thoughts of harming the child, did not find relief from the Court of Appeals of Indiana.
In 1st impression case, IN justices extend independent physician liability to nonhospitals
The Indiana Supreme Court issued a reversal in a case of first impression Thursday, finding that independent physician liability extends to nonhospital facilities that provide patients with health care.
Ex-band director’s texts to student splits COA on ‘harmful to minors’ debate
The Court of Appeals of Indiana has split on an internet-related issue in a case involving harmful content for minors after an ex-band director was handed a felony charge for text messages he sent to a former student.
COA affirms convictions of man who attempted to rape granddaughter, but remands for clarification
While the Court of Appeals of Indiana didn’t overturn a Logansport man’s convictions for attempting to rape his granddaughter, the Cass Circuit Court will need to go back and clarify the record on his judgment and sentencing.
COA reverses custody change for man who didn’t appear at hearing
A Bloomington man who claimed he never received notice of a court hearing established prima facie error in a case where the mother of his child was awarded custody and parenting time, prompting the Court of Appeals of Indiana to reverse and remand to the trial court.
Father loses appeal of 12-year sentence for sexual violence against daughter
A father convicted of sexually violent acts against his adult daughter could not convince the Court of Appeals of Indiana that his 12-year executed sentence should be reduced. Rather, the appellate court found that the facts would support the imposition of a longer sentence, although it declined to do so.
COA upholds drug-related convictions in objection of evidence dispute
A Beech Grove man convicted on several drug counts who originally stated that he had no objection to the admission of evidence found during a search of his car did not sway the Court of Appeals of Indiana that the same evidence should be now be suppressed.
COA reverses for ISP in wrongful death, civil rights violation suit
The Indiana State Police, including its superintendent in his individual capacity, has secured a win in a wrongful death case after the Court of Appeals of Indiana reversed in the civil rights lawsuit filed by the estate of a Black man who was shot and killed by a trooper nearly a decade ago.
Despite victim’s claim of being angry, not scared, COA upholds stalking conviction
Despite a victim’s claim on the stand that she was angry at her alleged stalker, not scared of him, sufficient evidence supported the man’s stalking conviction, the Court of Appeals of Indiana has ruled.
Child molester loses appeal of defamation suit against Fort Wayne media
A man who claimed local news outlets defamed him with inaccurate details after he was convicted of child molesting couldn’t convince the Court of Appeals of Indiana that his lawsuit wasn’t frivolous.
COA to hear arguments in sewage leak case
The Court of Appeals of Indiana is set to hear oral arguments next week in a dispute over proceedings supplemental in a messy sewage case.
COA: Unruly defendant did not have to be explicitly told he could attend trial if he behaved
A so-called sovereign citizen who was removed from his own trial because of his disruptive behavior, then tried to get his conviction overturned by arguing he was not told he could remain in the courtroom if he behaved, did not get any sympathy from the Court of Appeals of Indiana, which instead commended the trial court for its patience in handling such a difficult defendant.
Expungement provides no cure for physician, appellate court rules
Finding state statute does not require a professional license to be renewed after an expungement, the Court of Appeals of Indiana has upheld a refusal by the Medical Licensing Board of Indiana to amend the disciplinary records and lift the sanctions imposed on a physician who was convicted of a misdemeanor.
COA reverses adoption petition after mother ‘thwarted’ father’s communication efforts
An Indiana woman’s efforts to keep her child’s biological father from communicating with their daughter for a year has resulted in a reversal by the Court of Appeals of Indiana on a petition to adopt.