Judges reverse probation revocation due to inadmissible evidence
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
Indiana Court of Appeals
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Judges: Cop shouldn’t have asked driver for license
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
Judges reverse drug charges based on constitutional violation
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of “no trespassing.”
Split COA orders trial for woman injured measuring countertop
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
Failure to object to judge in termination case waives argument on appeal
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
Delay of protection order hearing called ‘disturbing’
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
Language of trust overrides statutes, COA rules
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
Denomination loses appeal in favor of breakaway church
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
Conviction for hit-and-run fatality affirmed
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
COA rules contract with missing elements is still valid
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
COA reverses judgment for driver in fatality, rules for moped rider’s dad
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
Agency record required for judicial review of agency action
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
COA upholds order man pay ex-wife’s appellate attorney fees
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
School police justified in searching student’s backpack, COA holds
The search by school police of a student’s backpack was justified based on a teacher’s suspicion that the backpack may have contained drugs or weapons, the Indiana Court of Appeals ruled Thursday. The officer’s search turned up a gun.
Law firm disqualified based on attorney’s previous representation of doctor
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
Judge urges high court to look at counsel assistance during state psychiatric exam
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
Appeals court upholds burglary conviction but sends matter back to trial court
The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.
COA: Judge should dismiss habeas petition
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
Oral argument set for ex-Indiana elections chief
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.