COA affirms teens’ robbery charges
The Indiana Court of Appeals on Monday affirmed the denial of two teens’ motions to dismiss their felony robbery charges after they allegedly stole from a mini mart and battered an employee who tried to stop them.
Indiana Court of Appeals
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Murder, insanity appeal focuses on police interrogation, Miranda
“I’m done talking,” Bargersville criminal defense attorney Stacy Uliana repeated before a panel of appellate judges on behalf of her client, Joshua Risinger. Those statements Risinger made to police interrogators who continued to question him form the basis of his appeal.
‘Irritated’ judge again ordered to make immigration findings for teen girl
The Indiana Court of Appeals has ordered a southern Indiana judge for the second time to make required findings regarding the immigration status of a teen girl originally from Guatemala, this time spelling out those findings for the jurist who refused to do so.
Divided appeals court reverses habitual offender adjudication
A split Indiana Court of Appeals has reversed a man’s habitual offender adjudication after finding the state failed to bring him to trial within Indiana Criminal Rule 4(C)’s one-year statutory deadline.
Reversal: Father’s due process rights violated in TPR case
The Indiana Court of Appeals on Thursday reversed the termination of a father’s parent-child relationship after concluding his due process rights had been violated. The Department of Child Services, the appellate court found, did not make reasonable efforts to reunify the father and child.
COA orders new criminal recklessness trial after jury instruction error
A mother who backed over her aunt with a vehicle before fleeing the scene with her child in the car has won a new trial on a criminal recklessness conviction, though the Indiana Court of Appeals declined to overturn her related conviction of resisting law enforcement.
Divided COA tosses suit against lawyers over tax sale proceeds as untimely
A divided panel of the Indiana Court of Appeals on Thursday threw out a lawsuit against two lawyers filed by their opposing party in long-running litigation, the current case over proceeds from a tax sale that the lawyers distributed to their clients. The majority ruled that the lawsuit — filed one day outside the two-year statute of limitations — should be dismissed.
Justices recertify 29 senior judges for 2020
The Indiana Supreme Court has re-certified dozens of judicial officers as senior judges for the upcoming year.
Woman loses sentence appeal in daughter’s neglect death
A Chesterfield mother who pleaded guilty to neglect of a dependent resulting in the death of her 23-month old daughter has lost an appeal of her 40-year sentence.
Reasonable suspicion of drug activity prompts reversal in suppression case
The Indiana Court of Appeals on Wednesday reversed suppression of drug evidence in a man’s parole violation case that was found during a search of a rented storage unit.
Divided COA lets man stay in disputed final resting place
A man mistakenly buried at a gravesite that had already been sold to another individual will continue to rest in peace after the Indiana Court of Appeals declined to order the cemetery to exhume the man and relocate his grave. A dissenting judge, however, said Indiana statute and legal principles require the cemetery to correct the “wrongful entombment.”
Woman with nerve damage wins reversal in med-mal case against hospital
A woman who suffers from nerve damage after dye was negligently injected into her arm for a medical scan has won a reversal against the southern Indiana hospital that administered the procedure.
COA grants mom partial victory in irregular child support dispute
The Indiana Court of Appeals has found a father in contempt for failing to pay years’ worth of irregular child support, reversing a lower court’s denial of his ex-wife’s petition to show cause for his failure to pay.
7th Circuit overturns habeas relief for child molester
A convicted child molester’s 80-year sentence has once again been reinstated after the 7th Circuit Court of Appeals overturned the grant of a habeas petition. The appellate panel on Thursday reversed habeas relief that had been granted at the district court.
Drug evidence found from drone video admissible, COA rules
Video of suspected drug activity from a drone aircraft a woman found in her yard is admissible in court to try her neighbor on charges including dealing methamphetamine, the Indiana Court of Appeals ruled Thursday.
Man’s drug convictions tossed for speedy trial rule violation
A man who was convicted of drug-dealing charges and sentenced to 12 years in prison won a reversal Wednesday because his trial was wrongly continued when the state could not timely produce lab results. The appellate court noted a lengthy prosecutorial delay in providing the evidence for lab testing was to blame.
Transgender man wins appeal after judge denies gender-marker change
A transgender man who was granted a name change but denied his petition for a gender-marker change won on appeal Tuesday, with the Indiana Court of Appeals finding the trial court lacked sufficient cause to deny the petition.
Man who killed officer in hit-and-run loses appeal for driver’s license
A Lake County man convicted in a hit-and-run that killed a correctional officer and injured three others in 2012 will not be getting his driver’s license back anytime soon, the Indiana Court of Appeals ruled Tuesday.
Convicted molester loses appeal over barred internet search history
A man convicted and sentenced to 40 years in prison for molesting his 11-year-old daughter failed to convince the Indiana Court of Appeals that evidence of sexual internet searches he attributed to the victim was wrongly excluded from his trial.
Pro se litigant’s bid to elude HOA fees after tax sale fails on appeal
A man who bought Morgan County properties at a tax sale that were subject to a homeowners association failed to convince the Indiana Court of Appeals on Tuesday that he was wrongly ordered to pay delinquent association dues.