Man’s 85-year sentence for murder will stand, COA rules
The Indiana Court of Appeals has affirmed a man’s 85-year prison sentence after he was found guilty of shooting an individual in the face at a party and killing him.
Judge Rudolph Pyle III
Articles
Divided appeals panel upholds termination of dad’s parental rights
A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”
CHINS ruling in separate cases, outside timeframes affirmed
A father who twice was convicted of criminal charges related to domestic violence episodes against the mother of his toddler lost his appeal challenging a child in need of services determination as it relates to him.
Ex-fertility doctor who used own sperm must face civil lawsuit, COA affirms
A former Indianapolis fertility doctor who used his own sperm to impregnate dozens of women through artificial insemination must face a negligence complaint brought against him by the son of one of his patients, the Indiana Court of Appeals affirmed Wednesday.
Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Appeals court affirms battery-by-bodily fluid statute includes spitting
An inmate who spat on a correctional officer lost his appeal Tuesday in which he argued, among other things, that Indiana’s battery by bodily fluid statute is unconstitutional for vagueness.
Community Health wins partial reversal in family records dispute
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
COA hears first virtual argument with minor technical hiccups
Although they appeared to be sitting side-by-side per usual, the three appellate judges hearing the Indiana Court of Appeals’ first-ever remote oral arguments on Thursday were certainly far apart.
Husband who wasn’t notified of dissolution decree wins COA reversal
A man who was never given notice of the final dissolution decree ending his marriage secured a reversal from the Indiana Court of Appeals on Wednesday.
Victims’ testimony admissible in child molesting case, COA rules
The Indiana Court of Appeals on Wednesday was not convinced by a man’s argument that his decades-long sentence for child molesting was inappropriate or that victim testimony was inadmissible.
Detective’s false testimony won’t lead to vacated conviction, COA rules
A man convicted of obstruction of justice following the murder of his stepmom did not convince the Indiana Court of Appeals that his conviction should be vacated based on a detective’s false testimony.
COA splits over length of woman’s consecutive sentences for drug dealing
The Indiana Court of Appeals divided Thursday on a woman’s consecutive sentences for drug dealing convictions, with a dissenting judge contending her 24½-year term should be shorter.
Appellate judges rule for hospital in medical malpractice case
A man who filed a medical malpractice claim against a doctor and hospital following his surgery for a herniated disc could not convince the Indiana Court of Appeals that he should be permitted to amend his complaint and add a federal claim.
Property owned by husband’s parents are not marital assets, COA affirms
The Indiana Court of Appeals has affirmed the exclusion of real estate and an internet service provider company from the marital assets of a couple in their divorce proceedings, agreeing with a trial court that the challenged assets were actually the property of the husband’s parents.
Split COA rules for barred IU frat house owner in dispute with city
A split appellate court has affirmed for a southern Indiana property owner in a dispute over a former Indiana University fraternity house after the university decided to no longer recognize the fraternity. In doing so, the panel struck down a local Bloomington ordinance that deferred to IU in regulating fraternities and sororities.
Judge advocates for competency evaluations upon arrest in post-conviction appeal
An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.
Involuntary commitment affirmed for ‘gravely disabled and dangerous’ man
The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.
COA tosses belated probation revocation appeal
Indiana Supreme Court rulings do not permit a belated appeal of a probation revocation, the Indiana Court of Appeals held in dismissing a man’s appeal in such a case Thursday.
Sex offender registration requirement reversed for voyeurism conviction
A man convicted of voyeurism won’t have to register as a sex offender, the Indiana Court of Appeals ruled, concluding the man was not convicted of a crime requiring that he do so.
Facebook case dissent challenges harassment statute
When an Indiana Court of Appeals judge recently veered away from his colleagues’ conclusion that a grieving mother’s statements in a social media post could be constitutionally restricted and prosecuted, he went even further, calling Indiana’s harassment statute unconstitutionally overbroad. Many First Amendment attorneys agree.