Next round of COA interviews June 4
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
Indiana Court of Appeals
Articles
Nephews’ appeal over estate dispute dismissed
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
Court didn’t err in allowing impeachment testimony
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
Judges uphold murder conviction
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
Court dismisses appeal because order isn’t final
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
Accident not covered under insurance policy
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
No error in finding defendant jointly and severally liable
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
Judges find mortgage company not culpably negligent
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
COA rules on first impression possession of marijuana issue
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
Court upholds sentence following threat to school
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
Woman evicted from apartment denied due process
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.
Trial court ordered to determine if man was diligent in pursuing appeal
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
Shaui released from jail
More than year after her arrest on charges of murder and attempted feticide, Bei Bei Shuai is free on bail.
Appeals court reverses DCS judgment of CHINS
A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.
5 make first cut for Court of Appeals vacancy
A consumer protection official, a public defender, two judges and a law professor are semifinalists for a position on the Indiana Court of Appeals.
Appeals court upholds seizure, transfer of suspected drug money
A man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal, but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.
Court holds order is not a final action
The Indiana Court of Appeals has dismissed an appeal from a father, holding that an order regarding an adoption petition is not a final judgment.
Judges uphold revocation of probation
The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.
Man not prejudiced by lawyer’s failure to advise about deportation
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
No error in admitting testimony of domestic violence expert
The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.