Indiana Court Decisions — Jan. 18-30, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Robb leading national appellate chief judges’ council
As the former leader of the Indiana Court of Appeals, Judge Margret Robb knows what it takes to be the chief. Now, she’s sharing her experience with other judicial leaders as president of the Council of Chief Judges of the State Courts of Appeal.
Judiciary chiefs, legal leaders offer women in the law advice
A recent discussion highlighted women judicial leaders and lawyers working in both state and federal law, giving them the opportunity to share their struggles and advice for young female barristers striving to advance in their legal careers.
Man loses appeal of murder conviction in slaying of openly gay veteran
A northern Indiana man convicted of beating a gay Afghanistan war veteran to death lost his appeal of his conviction and sentence Monday when the Indiana Court of Appeals found that a delay in the production of cellphone records did not prevent the man from receiving a fair trial.
Appeals on Wheels: COA heads north, south for handgun possession cases
The Indiana Court of Appeals will travel both north and south this week to hear oral arguments in two cases involving handgun possession without a license.
Appeals court: Judge exceeded authority by doubling sentence
The Indiana Court of Appeals has ruled that a judge exceeded his authority by doubling a woman’s prison sentence to six years after she failed to timely surrender to authorities to start her term.
Split 7th Circuit: Victim hypnosis evidence wrongly withheld
An Indiana man who was “confidently” identified as the perpetrator of an Elkhart shooting after the victim was hypnotized will be allowed to go free after a majority of the 7th Circuit granted his habeas petition. The appeals court found the state court erred in not overturning the man’s conviction because the state withheld evidence of the hypnosis during trial.
COA: ‘Significant’ DCS failures made termination of parental rights erroneous
A mother won her appeal to reverse an erroneous order terminating her parental rights when the Indiana Court of Appeals found the Department of Child Services committed ‘significant procedural irregularities’ in her case.
Bid to set aside murder, attempted murder convictions rejected
A man who pleaded guilty at age 15 lost his appeal on a motion to set aside his murder and attempted murder convictions when the Indiana Court of Appeals found he should have filed his argument as a claim for post conviction relief.
Pursuit of happiness can’t blunt man’s marijuana conviction
A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.
Split COA: Maintenance not required in divorce of disabled spouse
A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.
Abuse of corpse conviction affirmed in woman’s death
The Indiana Court of Appeals affirmed a man’s abuse of a corpse conviction, finding his confession was admissible without independent evidence because there was independent evidence to support his other confession in the same case.
Court improperly considered military service in custody ruling
The Indiana Court of Appeals reversed a custody order when it found the trial court failed to enter appropriate findings and improperly considered a father’s military service in its determination.
Reversal tosses Kokomo officer’s stalking protective order
A Kokomo police officer lost her protective order against a man she alleged was stalking her after the Indiana Court of Appeals found there was insufficient evidence to support the claims.
Split justices uphold ruling for insurer in truck crash that killed 3
Justices of the Indiana Supreme Court decided in a 3-2 vote last week to let stand a ruling that an insurance company owes no duty to victims of a truck crash in which the driver knowingly operated the vehicle with faulty brakes.
Man’s 33-year sentence, admission of heroin evidence upheld
A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.
Reversal: Children placed in father’s care weren’t CHINS
Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.
COA: ‘pleasant’ drug defendant was properly Mirandized
A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.
COA: Mom owes no college funds after child’s repudiation
A mother whose infidelity led to divorce and what a trial court called a “deep, seemingly bottomless rift between the children and Mother” owes a daughter no support with college expenses because the child repudiated their relationship.
Public Defender Commission seeks funds for misdemeanors, appellate office
Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.