Judges split on endangerment issue
The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.
Court opinions
Articles
COA reverses finding IDEM breached agreement
The Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
Estate entitled to hearing on cause of fire
A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.
Jury not properly instructed at man’s trial
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
Judge dissents in eviction case
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
Majority: No double jeopardy in enhancement
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
Proof of service is state’s burden
The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.
High court upholds life sentence
The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.
COA: Consent prevented constitutional violations
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
COA decides sex offender registration plea case
The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender
registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him
to follow lesser registration requirements.
Tax court rules on inheritance issue
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax
purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
Trial court didn’t have personal jurisdiction over serviceman
The Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal
jurisdiction over the husband who was in the military overseas.
7th Circuit affirms permanent injunction
The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana’s Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.
7th Circuit Court: Class action suit isn’t moot
A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.
COA allows woman to establish maternity
The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.
Court puts death penalty case on hold
The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned
convict's death penalty appeal on hold indefinitely because of his current mental state.
Dad who took son owes arrearage to mom
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
Decision resolves conflicting appellate rulings
An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
7th Circuit affirms cross burner’s convictions
The 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man’s convictions stemming from his burning of a cross in front of the home of a family with biracial children.
Court denies request for emancipation, child support change
In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.