Conviction upheld in robbery after iPhone exchange
The Indiana Court of Appeals affirmed an Elkhart student’s robbery conviction after concluding there was sufficient evidence to support that she stole money in the presence of the cash’s owner.
Indiana Court of Appeals
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Appeals court trims sentence for Muncie man in bomb case
The Indiana Court of Appeals has overturned one of several convictions and trimmed the sentence for a central Indiana man who tried to kill his former girlfriend with a homemade bomb. The rulings in the case of 40-year-old Lionel Ray Mackey Jr. of Muncie will apparently reduce his prison term from 101 years to 94½ years.
Man who sold rental mower loses appeal over Hamilton County venue
A lawn mower thief failed to convince an appellate court that Hamilton County was an improper venue for his case because the theft did not actually occur until the mower’s signed rental agreement expired one day later in another county.
Justices affirm denial of parolee’s sentence modification
A man seeking to modify his already served sentence failed to convince the Indiana Supreme Court to accept his argument, though the high court rejected his position for a different reason than the Indiana Court of Appeals.
Res judicata leads to remand of CHINS determination
Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.
Appeals panel upholds Muncie doctor’s convictions
The Indiana Court of Appeals has affirmed the forgery and prescription-related offenses for a Muncie doctor alleged to have overprescribed pain medication to patients by using his nurse practitioners’ names to sign the orders.
Judgment for INDOT upheld in fatal crash litigation
Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.
CHINS reversal: ‘State may not intrude’ where coercion unnecessary
A father who was ordered removed from the home he shared with his wife and four children despite a clean record and no prior reports of domestic violence won a ruling in his favor Wednesday. The Indiana Court of Appeals reversed a CHINS finding and concluded, “when coercion is not necessary, the State may not intrude into a family’s life.”
Car search after meth dealer’s arrest divides COA panel
A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”
Losing on appeal, son must pay family’s appellate fees in trust dispute
A man who appealed judgments against him in a trust case involving a 40-acre Westfield property lost in virtually all respects and now is on the hook for the appellate legal fees of relatives who sued to block his actions.
Justices to hear arguments in reversed TPR, juror misconduct cases
The Indiana Supreme Court justices granted transfer to two cases last week while denying 39 others. Of the pair it selected for review, the justices will hear arguments in a reversed termination of parental rights case and in a case alleging juror bias.
Resisting conviction affirmed over challenged ‘force’ instruction
An Indianapolis man’s conviction of Class A misdemeanor resisting law enforcement will stand after an appellate court declined to reverse it over a challenged jury instruction that sought to illustrate what appellate courts have construed to constitute “force.”
Cass County auditor loses appeal of contempt finding
A Cass County elected official who refused to pay out a payroll voucher has failed to convince the Indiana Court of Appeals to overturn the local trial court’s imposition of a contempt finding against her.
Appeals court upholds removal of Gary reserve officer
A Gary reserve officer suspended but later reinstated must now remain off the force after the Indiana Court of Appeals agreed that the Gary Police Department presented evidence of the reserve officer’s “repeated and blatant noncompliance” with orders.
Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths May 14, they were reminded that just as they needed to achieve this success, they will continue throughout their careers to need a little help from their friends.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
COA: No error in ruling over disputed gravel driveway
A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.
COA reverses habitual offender enhancement
A habitual offender enhancement for a man with multiple battery convictions has been reversed after the Indiana Court of Appeals concluded his out-of-state convictions could not support such an enhancement under Indiana law.
COA orders state to reimburse $77K from illegal seizure
The state must pay back more than $77,000 to a man after seizing cash from his vehicle, the Indiana Court of Appeals has ruled, finding the money was unlawfully seized and turned over to the federal government.