Attenuation doctrine doesn’t apply under Indiana Constitution
The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.
Judge Terry A. Crone
Articles
Judges split in adopted trust-beneficiaries matter
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Defendants entitled to competency hearing in probation revocations
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded
today, addressing the issue for the first time.
3-step test needed to balance rights
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
Town lacked needed consents to annex land
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
Court addresses fine line between traffic stop, arrest
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
COA: Teen didn’t resist law enforcement
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
COA reverses judgment on 1 cross-claim in library appeal
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach
of professional standard of care, the Indiana Court of Appeals ruled today.
Court rules on literacy program, educational credit time
While applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined
that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider
to fit into its definition of “literacy and life skills” programs.
Casino wins compulsive gambling appeal
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
Insurance presents first-impression issue
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
COA rules on parenting time restriction
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
COA: Park ban violates ex post facto laws
Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.
Opinion examines history of Fireman’s Rule
After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.
COA splits on cheek-swab requirements
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
eBay suit presents issue of first impression
In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
Man isn’t entitled to parental privilege defense
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
Judges differ in non-compete agreement case
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
COA: Warrant didn’t need to be admitted
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.