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.
Indiana Court of Appeals
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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.
COA affirms for insurer in litigation dispute
Deciding an issue of first impression, the Indiana Court of Appeals affirmed a favorable ruling for an insurance company following arguments that it had no obligation to defend former customers in outside litigation.
SVF conviction upheld over search, prior felony objections
A man’s conviction for unlawful possession of a firearm by a serious violent felon will stand after the Indiana Court of Appeals found a warrantless search of the vehicle he was riding in at the time of his arrest did not violate federal or state constitutional protections.
Divided COA dismisses negligence suit in fatal helicopter crash
A divided Indiana Court of Appeals panel ruled for three aerospace defendants in a negligence case brought by victims of a fatal helicopter crash that took place in Mississippi, finding Indiana has no personal jurisdiction in the matter.
Judgment for school, town affirmed in gang-rape case
A northern Indiana town and school corporation’s motion to dismiss a case stemming from an unreported gang rape was affirmed Thursday, with one appellate judge apologizing to the victim for being unable to find an ‘adequate remedy’ under current Indiana law.
Reversal: Small claims courts cannot order mediation, ADR
Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that an Indianapolis judge had dismissed after litigants refused to participate in court-ordered mediation.
Adoption decree reversed over finding that mom’s consent not required
The Indiana Court of Appeals on Thursday reversed and vacated an adoption petition for a 4-year-old Greene County child, finding the trial court erred in determining that the mother’s consent to the adoption by the child’s father and stepmother was not required.
Battery convictions upheld for man who shot neighbor with nail gun
A man who bound his neighbors with zip ties, accused them of being police informants and shot one victim several times with a nail gun did not convince the Indiana Court of Appeals that his battery convictions constituted double jeopardy.
COA affirms IURC’s order in Hamilton Southeastern rate case
An order from the Indiana Utility Regulatory Commission requiring a Hamilton County utility to comply with national guidelines to support a rate hike was upheld Tuesday by the Indiana Court of Appeals. Hamilton Southeastern Utilities uses its operations contractor, Sanitary Management & Engineering Co., to carry out all operation, maintenance and engineering functions of HSE’s […]
Justices amend appellate procedure rules
The Indiana Supreme Court has made amendments to several Indiana Appellate Rules of procedure. The amended rules largely address changes in notice of appeal requirements.