Indiana Court decisions – March 26-April 8, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Home again: Elkhart man released after 15 years in prison, but case likely isn’t over
Andrew Royer has been granted a new trial after a special judge determined his 2005 trial was tainted by false evidence and coercive investigative techniques that exploited his mental disability. But the possibility of a retrial remains.
COA affirms murder conviction over challenged letter
The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.
Reversal: Landowners, not county, responsible for fixing failing dams near Peru
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
Appeals court affirms $80K damages ruling in logging trespass
A logging company that allegedly fell more than three dozen hardwood trees on a Morgan County property whose owner had warned the contractor to stay off his land was rightly awarded more than $80,000 in damages, the Indiana Court of Appeals ruled.
Challenged blood draw in fatal impaired driving crash upheld
A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.
Injured wood trimmer operator loses appeal against manufacturer
A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.
Indiana Supreme Court suspends filing by personal delivery through May 4
The Indiana Supreme Court announced Tuesday that filing pursuant to Appellate Rule 23(A)(1) by personal delivery to the clerk of courts or the rotunda filing drop box is now suspended through May 4.
Order vacating man’s removal from sex offender registry affirmed
A trial court that vacated its prior order removing a man’s name from the Indiana Sex Offender Registry was correct in doing so because the Indiana Attorney General’s Office had not been notified of the offender’s request to be taken off the registry, the Indiana Court of Appeals ruled Thursday.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Drug conviction, sentence upheld for man found with 10 pounds of meth
A man convicted on a dealing charger after a traffic stop uncovered 10 pounds of meth in his vehicle did not convince the Indiana Court of Appeals that the trial court erred in either admitting evidence or sentencing him.
Burglar who said he was trying to help sister get dialysis loses appeal
A Lake County man sentenced to 16 years in prison after he pleaded guilty to two burglaries could not persuade an appellate court to lighten his punishment because he said he broke into homes in part to help his sister “get to dialysis.”
First impression: Adoption doesn’t sever biological family trust beneficiary rights
Three children who were provided for under terms of a trust established for their father by their great-grandmother remain entitled to their share of proceeds despite their adoption out of the family, the Indiana Court of Appeals ruled Wednesday.
COA affirms inventory search, seizure in traffic stop
The Indiana Court of Appeals has affirmed a man’s conviction for possession of marijuana and a handgun, among other things, after concluding the inventory search of his vehicle after a traffic stop was proper.
Despite inadequate defense, COA denies relief in 1999 Indy merchant’s murder
A man convicted of slaying an Indianapolis storekeeper in 1999 lost his post-conviction relief appeal Wednesday, even as the appellate panel acknowledged his since-suspended defense counsel failed to properly investigate alternate suspects, among other shortcomings.
Divided COA reverses in first impression de facto custody case
A split Indiana Court of Appeals has reversed for the reconsideration of a father’s granted motion to modify custody after finding that a woman who raised one of his three children was, in fact, the child’s de facto custodian.
Justices extend COVID-19 procedures, halt non-emergency warrants
The Indiana Supreme Court has extended the effective date of Indiana trial court Administrative Rule 17 orders issued in response to the coronavirus pandemic, leaving them in place through May 4, according to a Friday announcement from the high court.
Reversal reinstates firearm enhancement in aggravated battery
An appellate panel on Friday reversed dismissal of a firearm enhancement for a man who was convicted of aggravated battery, remanding for a trial on the enhancement while also cautioning the state about “careless” oversight of criminal cases.
Reversal: COA rules for accused robber in suppression dispute
A man charged with armed robbery won a reversal from the Indiana Court of Appeals on Friday after the appellate panel found the trial court erred in concluding that he was not in custody when officers searched his backpack and was not entitled to be advised of his rights.
COA: court can send juvenile to DOC for probation violation
In an unsuccessful challenge to a trial court’s authority to send him to the Indiana Department of Correction, a Hendricks County juvenile learned the juvenile justice system gives courts wider latitude because the goal is to rehabilitate the offending youth.