COA: Don’t include sales tax in forfeiture calculation
The Indiana Court of Appeals ruled Thursday that a trial court erred in adding sales tax to the value of goods stolen, which allowed the state to seize the car used by the thief.
Indiana Court of Appeals
Articles
Zionsville wins in appeal of zoning dispute with airport authority
The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.
Judges uphold college student’s rape conviction
The man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed by the Indiana Court of Appeals.
Appeals court reverses mortgage foreclosure
A pro se litigant in a Starke County foreclosure case will get a new day in court after the Indiana Court of Appeals ruled Tuesday that a judge erred when he granted summary judgment in favor of the bank.
Indiana Court of Appeals finalists chosen
The governor has two months to name successor to Judge Carr Darden.
Court of Appeals upholds murder convictions
A man convicted of two murders failed in his appeal to the Indiana Court of Appeals, which ruled Monday that a Lake Superior Court did not err in allowing testimony about conflicting statements in reference to the fatal shootings.
Judges reduce award of damages to fired school employee
The Indiana Court of Appeals ruled that a fired bus driver and custodian for Peru Community Schools is entitled to damages for wrongful termination, but not the $175,000 a jury awarded him.
Appeals court reverses summary judgment in business ownership dispute
The Indiana Court of Appeals on Monday reversed summary judgment in favor of defendants in a dispute involving ownership of a business.
Court affirms guilty but mentally ill sentence in DUI, resisting case
A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.
Appeal affirms denial of emancipation; includes mother in support
The Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case back to the trial court for recalculation of her support payments to include her mother as well as her father.
Trial court erred in excluding evidence of mediation communications
Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.
Opinion examines use of sole eyewitness testimony
The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.
Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
Justices find evidence supports intent to commit theft
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
Appeals court finalists list formally sent to Daniels
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
Man’s murder sentence upheld in abduction slaying
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
Drug dealing, possession convictions upheld again
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
COA: Sex offender registration statute not unconstitutional
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
Attempted murder sentence upheld in Martinsville school shooting
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
Appeals court affirms attempted rape conviction
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.