COA affirms juvenile’s reckless homicide, gun possession convictions
The Indiana Court of Appeals has affirmed a LaPorte County juvenile’s sentence and conviction after he admitted to accidentally shooting and killing a friend.
Judge Elizabeth Tavitas
Articles
Republicans win big in Indiana from Statehouse to courthouses
Although the results of the United States presidential race were delayed well beyond Election Night, Hoosiers learned the winners of several state and local races soon after the polls closed as Republicans secured their grip on state and federal offices.
Judicial selection takes varied shapes in Indiana
There’s more than one way to become a judge in Indiana, and with Election Day less than a week away, here is a look at the various judicial selection methods in Indiana and how judges and lawyers view them.
ISBA members vote ‘yes’ to appellate judges’ retention
Each of the seven Indiana appellate judges up for retention this year have received favorable recommendations from members of the Indiana State Bar Association. The state bar released results of its retention survey Wednesday morning.
COA rules for school corp. in injured student-athlete’s negligence suit
Summary judgment for a northern Indiana school corporation has been affirmed after a female basketball player suffered a head injury during practice.
COA affirms denial of biological mother’s motion to set aside adoption
Although an Indiana trial court erred in declining to dismiss a biological mother’s motion to overturn her child’s adoption, the court properly denied that motion, keeping the adoption in place. Thus, the Indiana Court of Appeals affirmed and upheld the Clinton County adoption on Tuesday.
Justices to hear case of first impression involving teen’s attempted murder conviction
The Indiana Supreme Court will hear a case of first impression involving a teen’s attempted murder conviction. The case previously divided an appellate panel that reversed the conviction based on the exclusion of the 15-year-old defendant’s mother from the courtroom.
Molester’s conviction, 50-year sentence affirmed on appeal
The conviction and 50-year sentence imposed on a man who molested a 3-year-old was affirmed Wednesday by an Indiana Court of Appeals panel, which rejected his arguments that a statement he made to officers was wrongly admitted and that his sentence was inappropriate.
Website highlights 7 appellate judges on November retention ballot
Hoosier voters in November will decided whether seven Indiana appellate judges should retain their positions for the next 10 years. A Supreme Court justice, the chief judge of the Indiana Court of Appeals and five other appellate jurists are on the fall retention ballot.
Judgment for ISU affirmed in locker room voyeurism case
A former Indiana State University volleyball player who sued the university upon learning a campus locker room was being secretly filmed by a fellow student could not convince the Indiana Court of Appeals that granting ISU’s motion for summary judgment was a mistake.
COA reverses suppression of evidence from home search
An appellate panel has reversed a trial court’s order to suppress evidence found in his home during a community corrections compliance check, concluding that law enforcement did not need reasonable suspicion to search his residence.
COA reverses award of legal custody
A trial court’s order in a protracted feud between a divorced mother and father over the care of their child brought a partial reversal of custody from the Indiana Court of Appeals and a warning in a concurring opinion about the bias the parenting coordinator admitted to having against the mother.
Appeals court reverses drug-possession convictions in OWI case
A Boone County man’s drug-possession convictions were reversed Thursday after an appellate panel found the warrantless search of his car following a crash violated his Fourth Amendment rights.
Justices reinstate 45-year sentence despite trial court sentencing comments
The Indiana Supreme Court has reinstated a 45-year sentence against a man convicted in a point-blank shooting in northern Indiana, overturning a Court of Appeals decision that had reduced the sentence.
Appeals court tosses battery with deadly weapon conviction
A man’s confession to police was ruled insufficient without other evidence of a crime to support his conviction of battery with a deadly weapon, the Indiana Court of Appeals ruled Wednesday, vacating a conviction in a domestic violence case.
COA upholds escape conviction but encourages Legislature to reconsider statute
Even while the Indiana Court of Appeals upheld the two escape convictions of a Shelby County man, the appellate panel noted it was concerned that the defendant who was ultimately found not guilty still has a pair of felonies on his record for “relatively minor violations” of pretrial home detention rules.
Appeals court grants rehearing petition for Miranda clarification
A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.
COA reinstates patient’s claims against hospital in HIPAA-related suit
A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.
Teen’s attempted murder reversal splits COA in first-impression case
Is the parent of a juvenile defendant waived to adult court “essential” to the presentation of that juvenile’s defense? The majority of a split Indiana Court of Appeals panel concluded the answer to that question was yes, despite a dissenting judge’s opinion.
Award of custody to father reversed after no findings support ruling
A court that awarded custody of an 8-year-old child to the father after a modification proceeding had no evidence that doing so was in the child’s best interests, the Indiana Court of Appeals ruled Wednesday, reversing the custody determination.