COA orders new hearing on $32K civil forfeiture
A Hancock County trial court must revisit the forfeiture of more than $32,000 related to a marijuana bust after the Indiana Court of Appeals found errors in various evidentiary rulings.
Appeals
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COA dismisses as premature appeal in breach-of-contract suit
The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.
Faulty translation voids man’s guilty plea in PCR appeal
The Indiana Court of Appeals vacated a man’s guilty plea in a child molestation case Friday, granting post-conviction relief on the basis that he did not receive the assistance of an interpreter to help him understand his rights.
Ruling on appeal reinstates condo owners’ suit alleging faulty construction
Condominium owners in a South Bend complex that they allege was shoddily constructed may pursue their claims against the insolvent developer, the Indiana Court of Appeals ruled, reversing the dismissal of the condo owners’ claims.
Justices uphold life without parole in toddler’s brutalization, murder
A man’s sentence to life in prison without parole in the murder of an 18-month-old whose body bore the marks of torture and sexual abuse has been affirmed on direct appeal to the Indiana Supreme Court.
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
COA: Despite waiver in plea, man may appeal allegedly unlawful sentence
A man who waived his appellate rights as part of a plea agreement has been granted permission to appeal his 25-year executed sentence as being contrary to law.
COA rules against gun range owners despite officials’ failure to take oaths
Though certain Jefferson County officials failed to take their oaths of office, that failure does not invalidate the officials’ zoning complaint against a local couple, the Indiana Court of Appeals has ruled.
Man who missed trial loses OWI appeal
A man convicted of a drunken driving charge despite not being present at his own trial has failed to convince the Indiana Court of Appeals that his convictions should be overturned.
COA commitment for woman with anorexia seen as rare
In a move not typically seen, the Indiana Court of Appeals extended a Hoosier woman’s temporary involuntary commitment solely based on an eating disorder that doctors said was causing her severe malnutrition.
Trump administration carries out 13th and final execution
The Trump administration early Saturday carried out its 13th federal execution in Terre Haute since July, an unprecedented run that concluded just five days before the inauguration of President-elect Joe Biden, an opponent of the federal death penalty.
CJ Roberts’ year-end report highlights judiciary’s accomplishments despite COVID
At the end of a year full of unprecedented challenges caused by the coronavirus pandemic, Chief Justice John G. Roberts shared his appreciation for the unsung heroes in the judicial branch in his annual year-end report.
Plaintiffs in protracted CAFO litigation hit with counterclaim
Farmers and neighbors who battled over an 8,000-hog confined animal feeding operation in Hendricks County are starting a second round of fighting with the farmers filing a counterclaim, arguing the lawsuit brought by their neighbors and litigated for multiple years through four courts was “frivolous.”
Ruling for homeowner in Indianapolis code-enforcement case reversed
A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.
Violent offender’s appeal seeking COVID-19 release ‘misplaced’
Despite a convicted man’s claims of compromised health that raised his risk of contracting the novel coronavirus behind bars, the Indiana Court of Appeals determined Monday he wasn’t the sort of offender the Indiana Supreme Court had in mind when it urged courts earlier this year to consider release of detainees who posed little risk.
Negligence suit against Carmel assisted living facility reinstated on appeal
A negligence suit against a Carmel assisted living facility in which a resident was seriously injured when a buffet table fell, knocking her to the ground, was reinstated after a Hamilton County court ruled in favor of the assisted living facility.
Mothers in birth certificate case win at US Supreme Court
In an order issued Monday, the United States Supreme Court denied certiorari in an Indiana birth certificate case, ending the state’s long-running fight to prevent non-birth mothers in same-sex marriages from being listed as a parent on their children’s birth certificates.
After 7th Circuit, SCOTUS rulings, US carries out rare presidential transition execution
The Trump administration Thursday carried out its ninth federal execution of the year in what has been a first series of executions during a presidential lame-duck period in 130 years. A Texas street-gang member was put to death at at the US Penitentiary in Terre Haute for the slayings of a religious couple from Iowa more than two decades ago.
7th Circuit discusses supervised release appeals in child-porn case
The 7th Circuit Court of Appeals on Monday affirmed a man’s sentence after deciding to bring closure to a recurring issue faced in recent years regarding criminal defendants’ contentions about unconstitutionally vague conditions of supervised release.
Indiana high court won’t hear appeal in girl’s crash death
Indiana’s high court won’t be taking up a woman’s appeal of her convictions in her 6-year-old daughter’s death in a 2017 highway crash.