DNA evidence properly excluded in rape trial
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
Indiana Court of Appeals
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Woman breached settlement in trail construction dispute
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
Erroneous jury instruction leads to DWI conviction reversal
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
Erroneous jury instruction leads to DWI conviction reversal
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
COA: property conveyed with a restrictive covenant
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
COA affirms dismissal of will contest
The Indiana Court of Appeals upheld the dismissal of a man’s will contest action involving his siblings, but for a different reason than the trial court.
Judge wants harsher sentence for attack on ex-fiancee
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
Monarch keeps up fight to overturn state alcohol sales law
The largest beer and wine wholesaler in Indiana is asking a state appeals court to find a law unconstitutional that prohibits beer wholesalers from seeking a permit to also distribute liquor.
Divided COA reinstates lawsuit of drunk man who fled, was hit by cars
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
Lack of evidence gets CHINS ruling reversed
Finding the evidence to be “wholly lacking,” the Indiana Court of Appeals reversed a CHINS adjudication and admonished the juvenile court and the Indiana Department of Child Services to refocus their efforts on families truly in need.
COA affirms finding for mortgage holder in foreclosure
A mortgage holder had a right to enforce a settlement agreement against borrowers, the Court of Appeals ruled Monday, affirming a trial court order.
COA vacates protective order based on hearsay
A protective order against a family member who police accused of sexual abuse against a child was lifted by the Indiana Court of Appeals Monday.
Split COA reverses denial of habitual traffic violator rulings
A divided panel of the Indiana Court of Appeals ruled against five Lake County motorists who a trial court determined could not be judged habitual traffic violators.
Top beer distributor challenges state ban on liquor permit
Indiana’s largest beer and wine distributor is challenging a state law that bars it and other beer and wine wholesalers from distributing liquor.
COA: Court properly denied father’s motions in termination case
The Indiana Court of Appeals affirmed the termination of a father’s rights over his young son Monday, finding the trial court acted within its discretion when it denied his motions for a continuance and order to transport from where he was incarcerated to the Indianapolis court.
COA reverses sentence imposed after failed drug program completion
A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.
COA: Man’s threat to officers not intimidation
The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.
HIP payments not negotiated; Stanley not applicable
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
Court orders man’s probation period reduced
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
FSSA incorrectly imposed transfer penalty on Medicaid recipient
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.