Articles

Unruly defendant rightly tossed from court, COA rules

A Montgomery County man thrown out of his own trial for disruptive conduct has failed to convince the Indiana Court of Appeals that he was wrongly denied his right to be present. But the appellate panel did vacate one of the man’s convictions on double jeopardy grounds.

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Car search after meth dealer’s arrest divides COA panel

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

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COA splits on definition of ‘squeezed’ in burglary case

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry. 

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Split COA affirms suppression after faulty controlled drug buy

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

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Pursuit of happiness can’t blunt man’s marijuana conviction

A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.

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Judge’s failure to sign commitment order splits COA

For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.

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