Probation revocation petition after term ended affirmed
A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.
Judge Rudolph Pyle III
Articles
COA upholds dismissal of adoption petition after ‘fraud on the court’
The Indiana Court of Appeals has upheld a trial court ruling setting aside a Lawrence County adoption, finding the child’s mother and grandfather committed fraud on the court by falsely claiming they did not know who the child’s biological father was in an effort to allow the grandfather to adopt the child.
COA: Angry shopper wrongly convicted of resisting
A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.
Darmstadt apartment zoning approval splits appellate court
A controversial proposed apartment complex in the Vanderburgh County community of Darmstadt is poised to proceed after a divided panel of the Indiana Court of Appeals upheld the trial court’s rejection of two petitions contesting the zoning board’s approval.
Nonsupport case divides COA on right to be present
The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.
COA orders equal division of ex’s retirement interest
The Dearborn Circuit Court erred when it awarded the entirety of a nearly $207,000 retirement account to a husband as part of divorce proceedings, the Indiana Court of Appeals ruled in a decision that remanded the case for equal distribution of the interest on the account.
COA reverses regular commitment for lack of evidence
The Indiana Court of Appeals reversed and remanded a trial court’s decision to order a mentally ill woman to regular commitment at Indiana University Health Bloomington Hospital, finding there was not clear and convincing evidence to prove commitment was necessary.
COA upholds adoption without mother’s consent
In a case a judge said represents “how substance abuse is savaging the familial bonds within Indiana and around the country,” the Indiana Court of Appeals upheld the adoption of a southern Indiana child without the mother’s consent after finding the mother’s substance abuse made her unfit.
Workforce Development entitled to summary judgment on claim against penalties
The Indiana Department of Workforce Development complied with the relevant statutes when issuing a letter informing a citizen of a determination against the agency and, thus, was entitled to summary judgment on the citizen’s claims against the penalties outlined in the letter, the Indiana Court of Appeals has ruled.
Dissenting COA judge seeks to double molester’s sentence
A dissenting Indiana Court of Appeals judge Wednesday said he would use the court’s authority to double the sentence of a man ordered to serve four years in the Indiana Department of Correction for his conviction of two counts of Class C child molesting.
COA reverses woman’s fine for defying no-animals order
Finding the $1,000 fine imposed for indirect contempt of court after a woman continued to have animals at her home after ordered by a court not to do so was punitive in nature and impermissible, the Indiana Court of Appeals reversed Wednesday.
COA: Neither party entitled to summary judgment in ‘household’ definition dispute
The Indiana Court of Appeals held summary judgment is inappropriate for either party in a lawsuit seeking to declare a woman who was renting a home as a member of the household of the homeowners for insurance purposes.
Justices agree: No mistrial because of juror’s Facebook friend
The Indiana Supreme Court granted transfer to a case to affirm the Court of Appeals decision denying a mistrial for a man who argued a juror’s being “friends” with the victim’s relative on Facebook required the mistrial.
Justices take intoxicated motorist case that divided COA
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
All appeals judges retained by voters
The four Indiana appellate judges up for retention this year received approval from voters Tuesday.
ISBA members say ‘yes’ to retaining appellate judges
The four Indiana appellate judges up for retention next month have the approval of ISBA members, according to survey results released Tuesday by the organization. Members overwhelmingly voted that the judges should be retained.
Courts provide information about appellate judges up for retention
Voters looking to learn more about the four appellate judges up for retention on this year’s general election ballot can turn to a website designed by the Division of State Court Administration.
Lake County man warned against disparaging bench
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
Father owes support to children conceived via artificial insemination
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
Pyle takes oath at robing ceremony
Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.