Judges reduce restitution award stemming from correctional officer attack
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
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7th Circuit: Man’s offense level for selling gun was properly increased
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
Court affirms CHINS finding of child abandoned by parents
The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.
Court affirms 86-year-old uncle could consent to search
The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.
Arguments rejected in juvenile molestation appeal
An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.
7th Circuit vacates child porn supervised-release condition
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
Man will receive surplus on sheriff’s sale credit bid
The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.
Judges rule in favor of daughter in payment dispute with nursing facility
A woman who signed a move-in agreement at a skilled nursing facility as a “responsible party/agent” for her mother was able to prove to the Indiana Court of Appeals she should not be liable for money owed by her mother for care while at the facility.
Judges affirm denial of credit time for man on electronic monitoring
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
COA split over whether damages are punitive
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
COA finds attorney was not ineffective
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
Trial court erred in disregarding psychiatrists’ unanimous finding
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
Nicknames properly admitted in sex with minor convictions
Nicknames and aliases a defendant used were relevant to the charges he faced, the Court of Appeals ruled Tuesday in affirming felony convictions of sexual misconduct with a minor.
Raccoon hunter cleared of conviction for fetching wayward dog
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
In pollution suit rehearing, COA rejects fresh arguments
The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.
7th Circuit: Marathon owes more for abandoned locations
Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.
Automatic modification violates custody statute, COA rules
A trial court’s order automatically awarding custody of a minor child to the father was reversed by the Indiana Court of Appeals on the grounds the lower court’s decision violated the state’s custody modification statute.
Defendant entitled to cash bail refund under former statute
A pro se litigant convinced the Indiana Court of Appeals that he was entitled to a refund of a $250 cash bond. The COA reversed a Monroe Circuit order denying a motion for release of cash bond dating to 2003.
Appeals court affirms multiple sex-crimes, 100-year sentence
Multiple convictions were upheld Monday against a man who had threatened, confined and sexually assaulted three Indianapolis women he picked up after offering them money for sex.
COA vacates sex-abuse confinement conviction as double jeopardy
The Indiana Court of Appeals on Monday vacated a conviction of Class C felony criminal confinement for a man also convicted of Class B felony criminal deviate conduct, finding the lesser conviction resulted in double jeopardy.