COA dismisses battery appeal as untimely
The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.
Court opinions
Articles
Judges reject man’s Department of Toxicology claims
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
NIPSCO loses appeal of reinstatement of driving privileges
The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.
COA: Woman’s conduct is harassment, not intimidation
The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.
Man’s 10-year cocaine sentence upheld by 7th Circuit
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
COA finds dismissal of judicial review petition not warranted
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
Woman’s convictions are crimes of violence, justifying sentence
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.
Wabash fraternity must face alleged hazing-injury claim
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
Appeals court: IBM materially breached contract with state
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
Man gets partial win on appeal, still must pay for damaging woman’s home
The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.
COA finds portion of public intoxication statute unconstitutionally vague
The Indiana Court of Appeals has found that the portion of the public intoxication statute enacted in 2012 that uses the term “annoys” is void for vagueness. As such, it reversed a man’s conviction for public intoxication that was based on annoying behavior.
COA reverses piercing of corporate veil, but upholds slander of title finding
A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.
Justices: Facts don’t justify subjecting family to CHINS proceeding
The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.
Explanation as to the spirit of the law was harmless error
Although a trial court’s words to a jury about the spirit of Indiana’s criminal law was improper and an error, it was harmless and could not overturn a defendant’s sentence of life without parole.
Supreme Court, split 3-2, snuffs Evansville casino smoking exception
A divided Indiana Supreme Court Tuesday rejected Evansville’s amended smoking ban that exempted the former Aztar riverboat casino, now known as Tropicana Evansville.
Recent SCOTUS decision trims identity-theft sentence
An Indiana man convicted of stealing the Social Security numbers of more than 10 people must be sentenced to less time in prison because of a recent Supreme Court of the United States decision, the 7th Circuit Court of Appeals ruled in a five-page opinion Friday.
7th Circuit: Gunman’s reach for weapon nullifies excessive force claim
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.
For-profit Veolia Water not entitled to common law sovereign immunity
The Indiana Supreme Court held Thursday that for-profit, private company Veolia Water is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed an Indianapolis Texas Roadhouse restaurant in 2010.
COA: Lifetime suspension of driving privileges is not a punishment
The Indiana Court of Appeals rejected a man’s claim that his lifetime suspension of driving privileges is cruel and unusual punishment, upholding the suspension. They held the suspension is not punitive.
COA replaces opinion on post-conviction ruling with corrected version
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.