Resisting convictions overturned for evidentiary errors
A man convicted of two counts of resisting law enforcement has won a reversal after the Indiana Court of Appeals found that certain evidence admitted at trial constituted reversible error.
Indiana Court of Appeals
Articles
COA affirms criminal recklessness conviction after woman shot neighbor’s home
An Evansville woman who took several shots at her ex-friend’s home in the middle of the night could not convince the Indiana Court of Appeals that her conduct wasn’t criminal recklessness.
COA: No error in detaining teen during competency restoration after attacks on mom
A Marion County court wasn’t in the wrong when it ordered a teenage girl to be detained while she received competency restoration services following numerous acts of domestic battery and criminal recklessness against her mom, the Indiana Court of Appeals has ruled.
COA: Search warrant not defective, but drug possession conviction reversed on double jeopardy
A search warrant that led to dealing and methamphetamine use convictions for a DeKalb County man was not defective, the Indiana Court of Appeals has ruled. But one of his convictions was reversed on double jeopardy grounds.
Molter selected to succeed Kirsch on COA
Derek Molter, leader of Ice Miller’s appellate practice, has been chosen as the newest Indiana Court of Appeals judge, Gov. Eric Holcomb announced in a special ceremony Thursday morning.
COA: Bail bondsmen prevail in slaying of Kosciusko County man with outstanding charges
Two parents seeking justice for their son after he was shot and killed during an attempt by bail bondsmen to apprehend him at their home did not sway an Indiana Court of Appeals decision that ruled for the bail bond company.
COA again knocks down law limiting deposition of alleged child victims
For at least the fourth time, the Indiana Court of Appeals has found a law passed by the Indiana General Assembly in 2020 which limited defendants’ ability to depose alleged victims of molestation “impermissibly conflicts” with the Indiana Rules of Trial Procedure.
COA: Expired prescription doesn’t support narcotics possession conviction
A woman who still had Oxycodone pills after her prescription had expired should not have been convicted for possession of a narcotic drug, the Indiana Court of Appeals has ruled.
Heavy-hitter women judges to be honored at ISBA 19th Amendment event
Past and present female judges from across the state will gather this month at an Indiana State Bar Association event to reflect on the history and significance of the 19th Amendment.
Knox Co. teen who sent threatening social media message loses appeal of delinquency adjudication
A Knox County teenager who sent a threatening social media message to numerous middle school students involving guns will retain a delinquency adjudication for felony intimidation, the Indiana Court of Appeals ruled Wednesday, though a misdemeanor adjudication was vacated on double jeopardy grounds. The appellate court declined to dismiss the message as a “juvenile antic” in light of the numerous American school shootings in recent years.
Indiana Court Decisions – July 15-28, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA Judge Vaidik recovering, returning to work
Indiana Court of Appeals Judge Nancy Vaidik has resumed her caseload and is expected to attend upcoming court events after being injured while bicycling near her home in Porter County earlier this summer.
Parties in enhanced unemployment payment dispute argue ‘irreparable harm’ in COA briefs
A group of Hoosier workers and the state of Indiana are arguing over who will be hurt worse in the continued dispute over the flow of federal enhanced unemployment benefits that is now before the Indiana Court of Appeals.
Mom not denied due process in TPR case involving unrecorded evidence statements
A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.
COA reduces 300-year child molesting sentence
A man convicted on numerous counts of child molesting had his 300-year sentence slightly reduced after the Indiana Court of Appeals found no evidence in the record to support one of his convictions.
COA allows Insurance Dept. claim in name of deceased individuals to proceed
A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.
COA again strikes down statute limiting depositions of alleged child sex abuse victims
The Indiana Court of Appeals has once again ruled against a statute limiting the deposition of alleged victims in child molesting cases, finding that the Indiana Trial Rules take precedence over the statute’s procedural elements.
Expelled county councilman loses appeal
A former Starke County Council member who was expelled from public office for allegedly making bigoted statements while attending the Association of Indiana Counties conference in Indianapolis lost his attempt to regain his seat after the Indiana Court of Appeals found his arguments challenging his expulsion were “incomprehensible.”
Lake Co. dad gets new trial after potential landlord denies rental because of kids
A new trial has been ordered for a Lake County father who was refused a rental home after telling the owner that he had children.
Inmate loses appeal after cell block attack
A Madison County prisoner convicted for his role in the battery of another inmate over “street beef” and for attempting to keep the man from testifying could not convince the Indiana Court of Appeals on Tuesday that his two-decade-long sentence should be revised.