Trial court denied due process in revoking probation
A man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment program imposed by the court will receive a new hearing.
Court opinions
Articles
Consecutive sentences in drug buy case ruled inappropriate
A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.
Felon’s convictions, multiple sentence enhancements affirmed
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
Trouble with the Curves: Ex-husband still owes for franchise’s default
A couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment on rent payments for a health club that his former wife continued to run.
Bankruptcy ruling locks out insiders
A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
Transferred intent instruction not error in domestic violence trial
An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
‘Sovereign citizen’ gets 40-year sentence
A self-identified sovereign citizen was sentenced last week to 40 years in prison for felony convictions of kidnapping and intimidation of a witness.
After children are grown, custodial parent still a victim of nonsupport
The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.
Circuit Court rules utility contract falls in state jurisdiction
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
Interstate defendant denied due process in hasty sentencing trip
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
Officer’s inclusion of victim’s statements did not violate Confrontation Clause
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
Change to public intoxication statute not retroactive
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
Justices toss delinquency ruling for resisting school resource officer
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
COA answers first impression issue on custodial statements
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
7th Circuit rejects hospital’s claims for $20M more in federal aid
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
Court reverses DCS order requiring mother to take prescribed meds
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
COA orders hearing on man’s request to remove name from JTAC website
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.