Evidentiary arguments fail to overturn child molesting conviction at COA
A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.
Judge Nancy H. Vaidik
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Web Exclusive: Women appellate judges widen the road for future judiciary
Indiana’s women appellate judges gathered for a celebration at an Indiana State Bar Association event last month to reflect on the history and significance of the 19th Amendment’s 100th anniversary.
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Web Exclusive: COA considering legislation limiting child sex abuse victim depositions
A one-year-old law is before the Indiana Court of Appeals, which is considering whether the Legislature properly placed restrictions on when defense attorneys can take a deposition of a minor child alleged to be a victim of a sex crime.
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Female judges encourage women to seek out the bench, become ‘seed planters’
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
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Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
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Articles
COA dismisses default judgment appeal, but dissent would consider merits
The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.
COA finds ‘extraordinary circumstances’ in spousal support, Medicaid dispute between wife, FSSA
The Indiana Family and Social Services Administration has prevailed before the Court of Appeals of Indiana in a dispute with a woman whose spousal support order increased the amount of Medicaid funding her incapacitated husband received.
COA: Dog sniff outside hotel room did not violate Indiana Constitution
Although precedent holds that law enforcement needs “reasonable suspicion” to conduct dog sniffs at the front door of private residences, the Court of Appeals of Indiana has found that a dog sniff in a hotel walkway did not violate the Indiana Constitution.
Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
Mathias, Vaidik, Weissmann poised for easy retention
As expected, Indiana’s three appellate judges on the ballot in this week’s election are poised to sail to retention.
COA: School corporations can’t assert takings claims against state in charter school dispute
Three Indiana school corporations have failed to convince the Court of Appeals of Indiana to overturn a law requiring them to sell vacant public school buildings to charter schools for $1.
Split COA voids juvenile’s delinquency adjudication, finds trial court failed to ensure minor knowingly waived rights
A juvenile’s delinquency adjudication for auto theft has been voided after a split Court of Appeals of Indiana found a trial court failed to ensure the child knowingly and voluntarily waived his rights when he admitted to the offense.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.
ISBA poll: Members support retention of Mathias, Vaidik, Weissmann
The three Court of Appeals of Indiana judges sitting for retention in next month’s general election have received a vote of confidence from members of the Indiana State Bar Association.
Despite error, COA affirms dismissal of couple’s complaint over arsenic-treated decks
While a Monroe County couple convinced the Court of Appeals of Indiana that a trial court misapplied the state’s product-liability statute in their case, that ruling still didn’t win them any relief for the allegedly defective decks at their home.
Father who tried to attend online CHINS hearing in person secures COA reversal
A Marion County father who mistakenly tried to attend a child in need of services hearing in person instead of online shouldn’t have been denied a new factfinding hearing, the Court of Appeals of Indiana has ruled.
ISBA conducting judicial retention poll for Mathias, Vaidik, Weissmann
Three Court of Appeals of Indiana judges are up for retention this fall, which means Indiana State Bar Association members are voting on whether they’d like to see those judges return to the bench.
Mathias, Vaidik, Weissmann up for retention on November ballot
Court of Appeals of Indiana Judges Paul D. Mathias, Nancy H. Vaidik and Leanna K. Weissmann will appear on the ballot for retention on Election Day in November.
Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights
A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.
Split appellate panel reverses murder conviction in Gary shooting for insufficient evidence
In a “seldom” reversal of a murder conviction based on insufficient evidence, the Court of Appeals of Indiana split in a Wednesday decision, with the majority concluding the evidence used to support a defendant’s guilt came “nowhere close to proof beyond a reasonable doubt.”
Property sales not permitted in divorce actions under provisional-order statute, COA rules
Provisional orders governing the affairs of parties in a pending divorce action do not permit trial courts to order the sale of property, the Court of Appeals of Indiana has ruled.
Change to habitual offender statute does not violate state constitution, COA rules
A defendant challenging his habitual offender status based on a change to state statute did not persuade the Court of Appeals of Indiana, which found the Legislature’s move to limit the jury’s role did not infringe on any constitutional rights.