Court reverses DCS order requiring mother to take prescribed meds
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
Indiana Court of Appeals
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Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
COA orders hearing on man’s request to remove name from JTAC website
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
Man’s challenge to requirement he register as sex offender dismissed
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
Man facing deportation loses 2 appeals
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
Brother’s previous threat allowed at trial
The Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw hot water on the brother was properly admitted into evidence during trial.
Pro se defendant wins reversal of restitution order
A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.
Woman hit by foul ball strikes out at Court of Appeals
A baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul ball during a game, the Indiana Court of Appeals ruled Friday.
COA split on whether judge can order community service in lieu of fines
Two judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue of imposing fees and costs.
Judges rule in favor of bank on request to end trust
A beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.
Judge-backed court staff attorney pilot program bill moves out of committee
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
Rejection of garnishment request upheld
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
Judges affirm defendant must register as sex offender as part of probation
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
Defendant received ineffective trial counsel assistance in murder case
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
Judges interpret Probate Code statute in favor of bank
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
Court error denying police deposition in drug case harmless, COA rules
A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
In affirming DUI on appeal, judges include predictive warning
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
COA affirms murder conviction and sentence over self-defense claim
An Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the lives of people inside his home lost his appeal Friday.
Thief who aimed to teach victim ‘lesson’ gets no relief on appeal
An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.