Defendant loses on ineffective counsel claim
A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.
Indiana Court of Appeals
Articles
Man cannot collect uninsured motorist coverage after accident on motorcycle
A man injured in an accident while riding a motorcycle cannot collect under his insurance policy’s uninsured motorist coverage, the Indiana Court of Appeals ruled Thursday. The judges rejected his claim that the exclusion of motorcycles violates public policy.
Judge: Inevitable discovery rule could apply under state constitution
The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.
COA sets aside auction of mobile homes
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
Court upholds 3-year sentence for assault on girlfriend
The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.
Teen has 1 adjudication overturned, must still pay restitution
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
Man waited too long to ask for return of cash bond
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
Judges order new rape trial based on inadmissible evidence
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
COA affirms reduction of incarcerated father’s child support obligation
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
COA: Break in employment triggered non-compete agreement
A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.
COA declines to reverse conviction after co-defendant’s conviction overturned
A panel on the Indiana Court of Appeals Wednesday did not agree with a defendant that his conviction of attempted aggravated battery should be reversed based on the reasoning of a separate appeals panel that overturned the same conviction of his co-defendant.
Termination of drug court placement over missed therapy affirmed
A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.
Deputy’s lack of certification not an issue in suspension of license
A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.
Court upholds $4.7 million judgment in divorce case, orders hearing on stock interests
In a divorce decree complicated by the husband’s ownership and interest in several construction and development companies, the Indiana Court of Appeals affirmed he must pay his wife more than $4.7 million as an equalization payment, plus any interest accruing after 90 days.
Court affirms escape conviction for home detention violation
The Indiana Court of Appeals Tuesday affirmed a Class D felony escape conviction for an Indianapolis man arrested after he broke his home detention curfew.
COA rules workers’ comp is remedy for temporary employee
A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.
Court affirms judgment in favor of insurer over fire damages
An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.
Court must make findings in denying visitation for imprisoned dad
A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.
Mail not hearsay, COA rules in affirming drug, gun convictions
A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.
Negative drug test, prior accusations don’t change molester’s convictions
The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.