COA returns housewares theft case to trial court
A department store sales clerk who was convicted of two counts of theft is entitled to a rebate on her convictions and restitution amount, the Indiana Court of Appeals has ruled.
Court opinions
Articles
COA looks to Illinois for guidance on admission of naprapath’s testimony
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
Judges rule father may tell daughter he’s her dad
An out-of-state father may tell his 6-year-old daughter that he is her dad, the Indiana Court of Appeals ruled Thursday in reversing that part of a trial court's orders.
Justices affirm death penalty for man who killed 2 children
A Vanderburgh County man convicted of the murders of his girlfriend’s eight- and five-year-old children after setting fire to hishome in 2010 will remain on death row. The Indiana Supreme Court declined to reverse his convictions or revise his sentence.
7th Circuit grants habeas relief for man on death row
An Evansville man sentenced to death for the 2001 murders of his wife and two daughters is not entitled to habeas relief on his claim of intellectual disability, the 7th Circuit Court of Appeals ruled Tuesday. But his petition should be granted because the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial.
Attorney fee lien invalid if filed before judgment entered
An attorney who filed a lien for attorney fees prior to judgment being entered in a dissolution proceeding lost his case before the Court of Appeals after it determined Indiana statute requires the lien be filed after a judgment in the case is entered.
COA orders new trial for woman who shot and killed pastor
The Indiana Court of Appeals reversed a guilty but mentally ill verdict against an Indianapolis woman who killed the pastor at her church because she believed he was part of a cartel that was pitted against her. The judges held Lori Ann Barcroft’s due process rights were violated when the judge entered that verdict.
Tanker trailer manufacturer not entitled to sales tax refund on rehabbed tankers
A Delphi company that makes cryogenic tanker trailers as well as repairs and rehabilitates used ones could not convince the Indiana Tax Court that it should be entitled to a refund on the utilities it used to rehab used tankers.
Enhancement affirmed after man exaggerated mental deficits to delay trial
Although a defendant has a mental disorder, he tried to exaggerate his mental deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.
Counterclaims against bank dismissed for failure to state actionable claim
The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.
COA affirms admission of re-recorded videos in rape trial
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
Defendant waived right to confront victim by not attending Skype deposition
A man’s rights under the Indiana Constitution were not violated when the state admitted his victim’s deposition acquired through Skype because the man chose not to be present during the deposition, ruled the Indiana Court of Appeals.
COA declines to rule on motion to compel due to lack of cogent argument
A couple awarded more than $7,600 following a car accident did not provide cogent argument or legal authority to support their claim a trial court erred in denying their motion to compel, the Indiana Court of Appeals held Friday.
Order to pay for rescued animals’ treatment OK under general restitution statute
Because a Perry County woman relinquished her three neglected horses to a local rescue organization, she cannot be ordered to pay restitution based on the animal cruelty statute, the Indiana Court of Appeals ruled Friday. But the general restitution statute supports the trial court order Julie Bickford pay nearly $700 in restitution.
COA affirms denial of plaintiff’s request for deposition fee reimbursement
A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.
COA upholds intimidation conviction of man participating in fake robbery
A staged robbery between two friends to cover up stolen funds from an employer took an unexpected turn when a good Samaritan tried to catch the supposed robber. The Indiana Court of Appeals affirmed the defendant’s intimidation conviction for pulling a knife on the good Samaritan during a chase.
Failure to file board record dooms claim for judicial review
A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.
Denial of witness testimony was harmless error, COA rules
Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.
COA clarifies decision in reversed CHINS case
The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.
Justices: Previous ruling did not alter fundamental error doctrine
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.