Judges rule cop won’t have new trial on murder, arson charges
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
Indiana Court of Appeals
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Ex-wife not required to pay attorney fees under FDCPA
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
Complex wrongful-death legal fee appeal puzzles judges
Judges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns at a care facility.
Prior knowledge of criminal history allows FSSA to disqualify employment
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
Appeals court affirms terminating mother’s parental rights
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
Officer had probable cause to believe defendant drove while drunk
The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.
COA: Mother should have challenged income evidence at trial
A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
Court affirms giving father custody after mother denies parenting time
A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
Subcontractor’s suit belongs in Hamilton County
The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.
Court rules in favor of insurer in environmental cleanup dispute
A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.
Attorneys’ performances don’t require post-conviction relief
A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.
COA reverses summary judgment for NCAA on negligence claim
A woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence claim, the Indiana Court of Appeals ruled Wednesday.
Defendant not at fault for failing to timely appeal
The Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to his attorney’s death from cancer shortly after the sentencing hearing.
Judges clarify how plaintiff may have case reinstated
In a rehearing requested by a plaintiff whose legal actions were dismissed in Marion Superior Court, the Indiana Court of Appeals clarified its original holding on how the man may have his actions reinstated.
Casino patron hurt in fall on ice has self to blame, appeals court rules
A casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.
Juvenile reversal sets new conditional admissions standard
A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must handle conditional admission agreements when probable cause is disputed.
‘Pleading the Fifth’ not the same as admitting to criminal act
A reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
Appeals panel voids gun conviction, cuts child porn sentence
An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.
Bailiff’s communication with juror leads to reversal of convictions
The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
COA: Man knowingly pleaded guilty to fraud charge
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.