Divided court affirms sentence that exceeds statutory authority
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
Indiana Court of Appeals
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Appeals court affirms rejection of HOA ‘abusive junk fee’
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
Defendant’s argument should be made to rules committee
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
Judges find no misconduct by hospital
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
Fraternity pledge loses appeal involving alleged hazing incident
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
Trial court should not have admitted statement to detective
The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.
COA rejects arguments Batson should extend to juror age
A trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
Clay County man entitled to discharge because of ruling delays
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
Trial court correctly revoked man’s probation in 5 cases
A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
COA orders jury trial on animal cruelty charges
An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
Court video pilot project will last through 2013
The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.
Admission of the videotaped confession constitutes fundamental error
The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony, was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence the juvenile’s videotaped confession.
Court affirms protective order without evidentiary hearing
A Shelby County man’s protective order against a neighbor is valid even though the trial court didn’t hold an evidentiary hearing or honor the neighbor’s request for a continuance, the Court of Appeals ruled Tuesday.
Court affirms mobile meth lab conviction, sentence arising from car search
A man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday by the Indiana Court of Appeals.
Hospital has no claim against insurer in Tennessee judgment
A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.
Court of Appeals points to ‘alarming trend’ in defendant’s appeal
A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.
Stepson’s testimony, cell phone search invalidate stepdad’s drug conviction
A man’s conviction on a drug dealing conspiracy charge was reversed Monday when an appeals court panel ruled that a Marion County court erred in admitting testimony and evidence about text messages from the defendant’s stepson.
Appeals court reverses vacation of habitual traffic violator status
A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.
Question over spirit in which statements were made is enough for jury to deliberate
A defamation suit against an employee will proceed following the Indiana Court of Appeals’ finding that there is doubt as to what conclusion a jury could reach in determining whether statements were made in good faith and without malice.
Court of Appeals affirms extension of protective order
Asserting it cannot reweigh evidence, the Indiana Court of Appeals rejected a father’s arguments that the evidence did not support the extension of a protective order against him.