Prisoner’s puzzling pro se appeal again leads to dismissal
Deficiencies in a pro se prisoner’s appellate filings have once again prevented the Indiana Court of Appeals from considering the man’s argument against an unfavorable trial court judgment.
Indiana Court of Appeals
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Appeals court rejects sexually violent predator’s habeas petition
A man convicted of repeated child sex offenses must continue to register as a sexually violent predator, the Indiana Court of Appeals ruled Wednesday, rejecting his habeas corpus petition that asserted he was being subjected to unlawful lifetime parole.
Lack of counsel for father overturns adoption decree
The Indiana Court of Appeals reversed an adoption order Tuesday, finding the child’s biological father was denied due process when the trial court failed to give him notice of his right to be represented by counsel.
Tax sale for which landowner wasn’t given notice reversed
The LaPorte County auditor’s failure to check records that would have revealed the actual address of a Michigan City property owner whose land was sold without notice for back taxes was a denial of constitutional due process, the Indiana Court of Appeals ruled Tuesday. The appeals court reinstated the landowner’s challenge to the tax sale results and remanded the case.
Text reading ‘u DONT have to testify’ properly admitted, COA rules
A man convicted of battery resulting in bodily injury and invasion of privacy after he assaulted a woman failed to convince the Indiana Court of Appeals that an incriminating text he sent the victim was improperly admitted.
Conviction affirmed for driver who stalked woman almost 70 miles
A man who followed a woman by car from Valparaiso to Warsaw has lost an appeal of his conviction and sentence for stalking. The Indiana Court of Appeals rejected his right-to-travel jury instruction arguments as well as his challenge to the evidence against him.
COA affirms wrongful death rulings against cystic fibrosis patient
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
COA upholds admitting meth found in Bedford Taco Bell
A man convicted of possessing several grams of meth has lost his appeal to suppress evidence found at his fast food workplace after an anonymous caller alerted authorities. But a concurring judge used the case to “state the obvious” and remind Hoosiers of their right not to talk to police in similar circumstances.
COA hears free speech Facebook post case involving police threats
Arguments concerning a mother’s free speech rights on Facebook after she was convicted for harassing a police officer opened discussion about the uncharted waters of social media in court before an Indiana appeals court Wednesday.
Appeals court rules DACA resident understood immigration risks
An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.
COA upholds summary judgment for maker, seller of destroyed farm equipment
Summary judgment against the insurer of a farm that suffered more than $350,000 in damage after an equipment fire has been upheld, though a partially dissenting judge would not have addressed the merits of every issue raised on appeal.
Lawyer’s failure to appear merits setting aside default, COA rules
A lawyer’s failure to appear at a hearing to represent his client who was being sued in a civil case arising from a failed joint business venture should not have resulted in a default judgment and sanctions against the defendants, the Indiana Court of Appeals ruled Wednesday.
COA affirms man’s attempted child molestation conviction, sentence
The attempted child molestation conviction and six-year executed sentence for a man who victimized his live-in girlfriend’s twin daughters will stand, the Indiana Court of Appeals ruled Wednesday, rejecting his claims that certain testimony should not have been allowed and his eight-year sentence was inappropriate.
Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Widower can seek excess damages in med-mal complaint, COA rules
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
COA will hear free speech appeal in Facebook harassment case
An angry mother who made threatening posts on social media toward a police officer after the death of her son is now appealing her harassment conviction, arguing her free speech rights were violated.
Man’s ‘barely legible’ suit against judge, clerk, DOC staff rightly tossed
Despite recent changes to the Indiana Code of Judicial Conduct meant to aid pro se litigants’ ability to be heard in court, an appellate panel ruled Friday that an inmate’s suit against a judge, a clerk and others was so confusing and repetitive that it was rightly dismissed.
Appeals panel rejects man’s challenge of child molestation conviction
A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.
Justices reject man’s appeal in death of toddler
The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.