COA rules for tenant in landlord’s breach of contract case
An apartment tenant facing eviction who alleged his landlord failed to take keep the space safe, clean and habitable won favor from an appellate panel Tuesday.
Tippecanoe County
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Indiana couple accused of ditching adopted girl, moving to Canada
Indiana prosecutors have charged a couple with abandoning their adopted daughter in 2013 and moving to Canada, renting an apartment in Lafayette for the then-11-year-old girl but otherwise leaving her to fend for herself. Prosecutors in Tippecanoe County filed neglect charges Wednesday against 45-year-old Kristine Elizabeth Barnett and 43-year-old Michael Barnett.
State cannot overcome calendar in appeal of suppression order
Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.
Step-by-step: 3 counties get extra judicial resources this year from General Assembly
Every fall, judicial representatives from several Indiana counties travel to the Statehouse to make the same plea: Our caseloads are growing and our litigants are waiting, the judges tell lawmakers. We need more help, and we need your permission to get it.
Contempt finding, 180-day sentence upheld against man who refused to testify
A man who was sentenced to six months in prison after refusing to testify at a theft and conspiracy trial has failed to convince the Indiana Court of Appeals to overturn the contempt finding against him.
Attempted murder conviction vacated for double jeopardy violation
Though there was sufficient evidence to uphold an attempted murder conviction after a Tippecanoe County driveway shooting, the conviction was nevertheless reversed Friday on double jeopardy grounds.
Judgment for INDOT upheld in fatal crash litigation
Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.
COA tosses shooter’s intimidation conviction as double jeopardy
A man’s attempted murder conviction for shooting at a sheriff’s lieutenant while drunk was upheld by the Indiana Court of Appeals, which also vacated his felony intimidation conviction as double jeopardy.
Dismissal of lawyer’s defamation suit against magistrate affirmed
A Lafayette attorney alleging a Tippecanoe County magistrate defamed him by reporting he was carrying a firearm in court in violation of state law lost his appeal of the dismissal of his defamation case when the Indiana Court of Appeals concluded the magistrate was acting within her judicial capacity.
Double murder-robbery convict avoids life sentence
A 24-year-old Evansville man convicted of two counts each of murder and robbery for killing two people has avoided a life sentence but still could spend his remaining years in prison. Tippecanoe Superior Judge Randy Williams ruled Friday a life sentence for Deshay Hackner would contradict the penal system’s goals of rehabilitation.
Jurors deadlock on life sentence for 2 slayings in Indiana
Jurors have deadlocked on whether to recommend a sentence of life in prison for a 24-year-old Evansville man convicted of murder and robbery in the 2017 slayings of two people in southwest Indiana. Jurors were dismissed Thursday after deadlocking on the question. They convicted Deshay Hackner on Wednesday in the deaths of 29-year-old Dewone Broomfield and his girlfriend, 28-year-old Mary Woodruff.
Howard County magistrate, other judicial aid bills advance
A bill requesting an additional magistrate judge to handle an increasing number of cases filed in Howard County was approved by the full Senate on Monday. That bill now joins several other counties’ similar requests for judicial help making their way to the governor’s desk.
CHINS adjudication reversed for mom who tested clean
A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.
Lawmakers pass bills adding new courts, judicial officers
Several bills seeking extra judicial assistance for Indiana counties struggling under overburdened caseloads have successfully made their cases to both legislative chambers. With that approval secured, the next stop is the governor’s desk.
Aggravators can’t include nonadjudicated juvenile actions, COA says
In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.
COA credits defendant for time held prior to posting bond
The Indiana Court of Appeals reversed a trial court and gave a Tippecanoe County man one day of credit, finding the rule of lenity required it to interpret the ambiguous sentencing statute in the defendant’s favor.
Settlement allows anti-abortion ad to run on Lafayette buses
An anti-abortion group’s advertisement depicting a growing fetus is being allowed on public buses in a northwestern Indiana city following the settlement of a free speech lawsuit. Court documents filed Monday show Lafayette’s public bus service, CityBus, agreed to run Tippecanoe County Right to Life’s ad on a bus for up to 16 months.
Bills for new Howard, Tippecanoe judicial officers advance
Two of four House measures in the Senate that would bring judicial relief to some Indiana counties were given the go-ahead to proceed Wednesday, but two other bills have yet to move forward.
Bills for additional magistrates, judges move forward
Several counties looking for additional judicial help may get what they are hoping for, now that measures authorizing the positions are moving toward passage in the Indiana legislature.
Tax Court upholds 26 percent increase in home valuation
The Indiana Tax Court has upheld a 26 percent increase in a home valuation after finding that the homeowners failed to properly rebut the removal of an obsolescence adjustment.