COA reverses Purdue voyeurism conviction
A man convicted of voyeurism in a Purdue University sorority house has had his convictions reversed, though the Indiana Court of Appeals held Tuesday that the man could be retried.
Indiana Court of Appeals
Articles
Court of Appeals reverses felony possession of handgun conviction
The Indiana Court of Appeals has reversed a man’s felony firearm conviction after finding that a protective sweep performed in his apartment after his arrest was improper.
COA: Adverse possession gives farm owner title to Boone Co. property
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
COA affirms damages award to state, but reduces total amount
The state of Indiana was entitled to more than $1 million in costs and treble damages after a township auditor criminally misappropriated funds, the Indiana Court of Appeals held Tuesday, though it reduced the total amount of damages owed to the state.
COA reverses modification of child support order
The Indiana Court of Appeals has reversed the modification of a child support ordering, finding that there were no substantial and continuing circumstances to justify the change.
Appellate court rules teen’s pending cases should be in adult court
A teenager convicted on robbery charges as an adult who is also charged with theft and burglary charges as a juvenile will continue in adult court after the Indiana Court of Appeals found Tuesday that the juvenile court must waive its jurisdiction. In State of Indiana v. C.K., 49A02-1607-JV-1506, 15-year-old C.K. was involved in two […]
COA affirms dismissal of PCR petition
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
Acupuncture clinic fails to prove point before COA
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
Judges divided on retrial for voluntary manslaughter
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
Toddler’s testimony supports adjudication as a delinquent
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
COA affirms sentence for man who violated drug court rules
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
Judges reverse resisting law enforcement conviction
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
COA affirms denial of motion to suppress traffic stop evidence
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
COA reverses judgment in favor of law firm in legal malpractice case
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
COA orders return of bond balance
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
COA rules aggravating factors support consecutive sentences
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
COA: Theories presented to trial court in med-mal cases were presented to review panels
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
Man’s forgery convictions for bogus check affirmed
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
Despite inadmissible testimony, molestation conviction affirmed
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
Defendant’s testimony makes admission error harmless
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.