Appeals court: Crime victim restitution has limits set by state law
The state Court of Appeals says a lower court abused its discretion when it ordered a man to pay $1,122.12 to cover rental car costs for the owner of a vehicle he damaged.
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Articles
Split Indiana Supreme Court vacates conviction related to fatal drug overdose
In a 3–2 decision issued Wednesday, the court held that the Delaware Circuit Court improperly admitted an out-of-court statement from a drug dealer who did not testify at trial.
7th Circuit vacates drug trafficking sentence, finds district court erred
The 7th Circuit Court of Appeals vacated a man’s sentence for drug trafficking after determining a district court did not account for the difference in mixed and pure substances.
Summary judgment rulings affirmed, reversed in dispute over faulty neighborhood drainage system
A lawsuit stemming from property damages allegedly caused by a faulty drainage system will continue in part after the Court of Appeals of Indiana partially affirmed and reversed summary judgment awards to the different parties.
Elkhart County man not required to register as sex offender upon return to state, COA rules in reversal
An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.
For 2nd time, 7th Circuit faults district judge for insufficient explanation in sentence modification denial
“Yet another” round of district court review has been ordered in a sentence modification case after the 7th Circuit Court of Appeals, for the second time, vacated an order denying a modification, finding the judge did not provide a sufficient explanation.
COA splits in reducing 220-year sentence for teen convicted in ‘worst of the worst’ murder
A convicted murderer sentenced as a teen to more than 200 years will have his sentence reduced to 135 years, although one Court of Appeals of Indiana judge would uphold the 220-year term.
IN Supreme Court reverses, remands for trial court to enter judgment on implied easement of necessity claim
The Indiana Supreme Court reversed a trial court’s grant of summary judgment for a Hamilton County property owner’s easement-by-prior-use claim in a dispute with an adjacent property holder.
New trial ordered in custody dispute
A new trial has been ordered in a Warrick County custody dispute after the Court of Appeals of Indiana determined that a successor judge abused her discretion when ruling based only on a review of prior transcripts.
COA reverses summary disposition of PCR petition, orders evidentiary hearing on delayed parole hearing
A trial court must hold a hearing to determine whether the state can show good cause for the delay in a probation revocation hearing, the Court of Appeals of Indiana ruled in a Wednesday reversal.
IN justices: Cash bail can be retained for representation costs, but other fines, fees, costs require indigency hearing
State statute authorizes trial courts to retain cash bail for the payment of public defender fees, but an indigency hearing is required before the cash can be retained for most other fines, fees and costs.
7th Circuit remands product liability complaint to get jurisdictional clarity on Samsung’s ties to Indiana
There were insufficient facts to determine whether personal jurisdiction existed over Samsung SDI in a product liability lawsuit where one of the company’s batteries allegedly exploded in a minor’s pocket, the 7th Circuit Court of Appeals ruled Wednesday.
COA reverses judgment for developer in easement dispute with Bloomington business
The Court of Appeals of Indiana has reversed judgment for a real estate developer in a dispute with a Bloomington business, finding that the developer obstructed the business’s easement during a construction project.
Split COA orders new trial in deadly county fair brawl after prosecutorial misconduct
A man convicted of manslaughter after a brawl at a county fair will get a new trial, although one appellate judge would uphold his conviction and sentence.
Insufficient notice leads COA to rule for Georgia woman seeking relief from $36K judgment in estate case
Regardless of the intent behind a notice that was served four days before a hearing — and one day before Christmas — the notice was not sufficient for an elderly Georgia resident to hire an attorney and travel to Indiana for a hearing on a disputed estate.
Grandmother can pursue visitation of granddaughter under state law, COA rules in reversal
An Allen County grandmother seeking visitation with her granddaughter had standing under the state’s Grandparent Visitation Act to submit a visitation petition, the Court of Appeals of Indiana ruled in a Wednesday reversal.
COA affirms summary judgment rulings in Westfield project dispute, but stays distribution of road funds pending commercial court decision
A Richmond bank’s mortgage interest, in its entirety, takes priority in a complex land project case involving multiple developers, contractors and the city of Westfield, the Court of Appeals of Indiana ruled Friday.
Contempt ruling involving adult theater in Clarksville overturned
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.
COA rebukes trial judge in reversing custody order
While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary.
Marijuana, meth convictions reversed for insufficient evidence, double jeopardy
The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.