On petition for rehearing, appellate court affirms original opinion in drug case
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
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Appellate court affirms murder conviction; reverses on corpse abuse conviction
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
Indiana Supreme Court takes 4 cases
The Indiana Supreme Court granted transfer in four cases for the week ending Jan. 27 and denied transfer in 11 others.
Expert’s voice carries weight
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
Giving fee guidance
Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.
COA: Court erred in not granting request for change of judge
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
COA reverses trial court in OWI case
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
Driver’s appeal based on misinterpretation of previous COA decision
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
Tort Claims Act does not grant immunity for reckless conduct
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
Appellate court orders new trial in child molesting case
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
COA holds volunteer caretaker not entitled to damages
The Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking care of a blighted property.
Judge rules on summary judgment motions in IBM case
The State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy with results.
Appellate court upholds denial of palliative care
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
Judges uphold convictions for attempted trafficking with an inmate
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
COA: Judge didn’t err in rejecting master commissioner’s sentence
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
Justices rule on Post-Conviction Rule 2
The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
COA: sentence waiver is valid
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
Judges reverse award of attorney fees
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.