Articles

Judges uphold IATC’s issuance of alcohol dealer permits

The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.

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COA discusses vouching testimony in child molesting trials

The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.

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Court divided on invasion of privacy charge

The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.

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Landlord not responsible for dog bite

The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.

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Court affirms felony nonsupport of a dependent conviction

A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.

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Translated transcripts necessary for jury

A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.

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Dad who took son owes arrearage to mom

The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.

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Officer didn’t conduct investigatory stop

A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.

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COA: No credit for pretrial home detention

The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

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Traffic infraction not necessary for police stop

Even though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.

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COA: Manufactured home subject to law

The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.

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COA: Insurance funds aren’t a money judgment

In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.

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COA split on which statute of limitation applies

The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.

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Judges disagree on proof-of-age issue

Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.

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Judges disagree in police entry case

An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana,  No. 45A03-0811-CR-569, Judge Carr Darden cited the […]

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Court affirms sentence for non-support of 8 kids

A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.

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COA splits, reverses probation revocation

The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.

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COA: Collateral estoppel not applicable

The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.

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