Appeals on Wheels set to hit the road for oral arguments
The Court of Appeals of Indiana will hear several oral arguments next week across the Hoosier State.
Indiana Court of Appeals
Articles
Murder case against former trooper Camm spotlighted in examination of expert testimony
Former Indiana State Police trooper David Camm, who was exonerated in 2013 after being convicted twice and serving more than 10 years in state prison for the murder of his family, is featured in a new podcast looking at the use of experts in criminal trials.
COA affirms denial of guardianship for 95-year-old veteran but reverses attorney fees award
The Indiana Court of Appeals has affirmed the denial of a guardianship petition for an elderly Vincennes man who revoked a former friend’s position as his power of attorney. However, the appellate court reversed an award of more than $70,000 in attorney fees he requested.
Eminent domain reversed for failure to give proper notice
The Gary Housing Authority, which tried to exercise eminent domain and take a property with an appraised value of $325,000 for $75,000, will have to cancel the demolition crew after the Court of Appeals of Indiana found the agency failed to give at least 30 days’ notice of its plans.
COA denies appeal by man who murdered Goshen College professor
An Indiana man convicted of murdering a Goshen College professor and who also attempted to murder the teacher’s wife should remain behind bars for life, the Court of Appeals of Indiana ruled Wednesday.
Reversal granted for woman in estate heirship dispute
The Court of Appeals of Indiana on Tuesday reversed a decision finding that a woman is not an heir to her grandfather’s estate and should not inherit from him because she failed to provide sufficient evidence to prove her paternity.
COA: Credit union’s arbitration request too late
Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.
COA reverses denied PCR based on counsel’s deficient performance
COA reduces juvenile’s nearly-max adult murder sentence
A nearly maximum adult sentence for a 13-year-old’s murder conviction was an outlier needing leavening, the Court of Appeals of Indiana ruled in a Thursday reversal.
Justices grant transfer to insurance dispute in fatal trucking accident
The Indiana Supreme denied transfer to nine cases last week but granted transfer in one involving insurance coverage in a fatal trucking accident.
COA: No 5th Amendment protection for liquidator from order to produce unredacted documents
A liquidating company cannot avoid a court order to produce unredacted documents using the argument that the Fifth Amendment protects them, the Court of Appeals of Indiana ruled Wednesday.
COA upholds probation revocation, rules probationer squandered his opportunity
Holding probation is an “opportunity that can be squandered,” the Indiana Court of Appeals found a Fayette County man suffering from “poor mental health” had no one but himself to blame for the revocation of his probation.
Trial court double counted when awarding damages to auto financier, appellate court finds
The Marion Superior Court erred in calculating damages awarded to a vehicle-financing company but correctly determined an auto seller wasn’t guilty of conversion, the Indiana Court of Appeals has ruled.
COA: Arbitration order not a final judgment up for appeal
In a dispute between neighbors over a dock being built on a shared lake, the Indiana Court of Appeals has dismissed the plaintiff’s appeal.
Conviction reversed after COA finds fundamental error over prior crimes
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
COA: Attorney fees sanction appropriate for discovery violation
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.
Credit time from dismissed sexual battery charges can’t be credited toward separate child molesting sentence, COA rules
The Indiana Court of Appeals affirmed Friday that a Lake County man’s request to put his credit time from a previous charge toward his current child molesting sentence was properly denied.
Apellate court affirms forfeiture of 504 tax sale certificates purchased by ineligible buyer
The Indiana Court of Appeals did not buy a Lake County man’s argument that state statute allows ineligible buyers at tax sales to avoid forfeiture by paying delinquent property taxes, finding the man had time to clear his debt but never did so.
COA: Trial court didn’t err in denying drug dealing sentencing modification
A trial court didn’t err when it summarily denied a drug dealer’s request to modify his sentence, the Indiana Court of Appeals has ruled.
New Albany man asks court to review sentence in wife’s slaying
A southern Indiana man who was sentenced to 65 years in prison last year for killing his wife and dismembering and hiding her body has asked the Indiana Supreme Court to review his sentence.