COA: Destroyed tape doesn’t make record silent
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
Jennifer Nelson
Articles
Judges disagree as how to review sentence
A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.
Hearing didn’t consider all statutory factors
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
Court issues judgment in absentee ballot case
The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.
High court addresses Protected Person Statute
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
BMV policy change case gets transfer
The Indiana Supreme Court has agreed to hear the case challenging the state's Bureau of Motor Vehicle's invalidation of licenses or identification cards only on the basis of mismatched records. The high court granted transfer Oct. 29 to Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49S02-0910-CV-505. Lyn Leone and others received letters from the […]
Judges disagree on statute’s constitutionality
In an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a digitalized image under the child-exploitation statute.
Rehearing denied in Camm case
A split Indiana Supreme Court has decided not to reconsider its decision to order a third trial for a former state trooper accused of killing his wife and two children nearly 10 years ago.
Indiana order doesn’t modify Florida order
The Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign judgment.
Jefferson courts relocate, salvage documents
The Jefferson Superior and Circuit courts have relocated in Madison and are working to get their offices up and running to handle emergency matters. The courts were forced out of the Jefferson County Courthouse after a fire May 20. Circuit Court has moved to the Venture Out business center at 875 Industrial Dr. on the hill in Madison. Circuit Judge Ted Todd said the court is still trying to set up and is using folding tables and chairs until they can…
COA rules on re-registration of offenders
Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
Apartment creates issue of first impression
In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.
ISBA offers job-search seminar
he Indiana State Bar Association is offering a free job-search seminar to help unemployed members find legal jobs.
County, court don’t have to give back pay
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
Suit based on church-member letter may go on
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
Insurer’s policy breach a case of first impression
In a case of first impression for state courts, the Indiana Court of Appeals affirmed a jury verdict against an insurance company in a breach of contract case, ruling the insured's failure to repair his building following a fire was the fault of the insurance company. In Rockford Mutual Insurance Co. v. Terrey E. Pirtle, No. […]
Court remands custody case for new hearing
Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
Worker’s suicide fails chain of causation test
A widow’s request for workers’ compensation benefits of her deceased husband can’t be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband’s death.
Court reverses conviction over letter
A man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals because a letter he wrote while trying to negotiate a plea agreement – which was rejected – shouldn't have been admitted at his trial.
Instant offense considered ‘unrelated’ per statute
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.