An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.
Several Kosciusko County mobile home parks lost their appeal of an Indiana Utility Regulatory Commission decision that impacted their sewer billing. The Indiana Court of Appeals on Thursday affirmed the IURC’s entry of summary judgment for a regional sewer district and dismissal of the parks’ appeal in Northcrest R.V. Park, et al. v. Lakeland Regional Sewer District, and Indiana Regional Sewer District Association, 18A-EX-1243.
A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.
Read Indiana appellate court decisions from the most recent reporting period.
A man convicted of murder as a teen unsuccessfully argued before the Indiana Court of Appeals that evidence in his case was erroneously admitted, with the appellate court instead finding the trial court did not abuse its discretion.
An immigrant woman who waited 12 years to seek relief from a forgery conviction has lost the appeal of the denial of her post-conviction relief petition, with the Indiana Court of Appeals finding the woman did not provide a credible explanation for the delay.
Although the Indiana Court of Appeals agreed the relationship had broken between a Fort Wayne criminal defense attorney and his client, it did not find that the 130-year sentence handed down would have been significantly less if defense counsel had offered mitigating circumstances.
A Putnam County farmer will only be partially compensated for grain he deposited with a failed grain elevator after a divided panel of the Indiana Court of Appeals rejected his reading of the relevant compensation statute.
The city of Gary’s lawsuit seeking payment for cleaning up contaminated property near the Gary/Chicago International Airport has stalled after the Indiana Court of Appeals found the business owner’s insurer had no duty to indemnify.
The Indiana Court of Appeals has affirmed a trial court’s division of a divorced couple’s marital property, finding the wife’s survivor benefit from her ex-husband’s pension could not be excluded from the marital assets.
The Indiana Court of Appeals has affirmed injunctive relief for several Kosciusko County homeowners when it found they had standing as successors to enforce a prior covenant preventing motorized racing on a local fairground.
A Monrovia man found guilty of failing to inform an officer that a dog who killed a mini horse was inside his home had his conviction reversed Thursday, with the Indiana Court of Appeals finding that the man's failure to provide any information about the whereabouts of the dog could not be considered false informing.
The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.
The Indiana Court of Appeals affirmed the grant of summary judgment to a man’s estate in a negligence lawsuit, finding his incapacity to drive due to a heart attack was not reasonably foreseeable.
A woman who learned after the divorce was final that her estranged husband did not disclose his interest in his mother’s estate has gotten relief from the Indiana Court of Appeals, which found the man “made a mockery of the discovery process.”
The Indiana Court of Appeals affirmed the admission of evidence in a Wabash County case after finding that despite a trial court’s erroneous admission of evidence of a prior bad act, such an error was harmless.
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.