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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.
A Lake County man convicted of murdering his parents failed to convince the Indiana Court of Appeals that a search of his family’s home was unconstitutional, thus allowing his murder convictions to stand.
A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.
A man must pay his ex-wife an extra $115,200 in monthly payments after he decided not to sell marital property as had been contemplated in their divorce settlement agreement, the Indiana Court of Appeals ruled Thursday, affirming a trial court order.
The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.
The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.