Indiana Court Decisions Jan. 26-Feb. 8, 2012
Read For Publication opinions from Indiana’s appellate courts and the 7th Circuit Court of Appeals.
Indiana Court of Appeals
Articles
Ruling leads to questions about pregnant women’s rights
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
COA reverses trial court in malpractice case
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
Evidence supports elevated burglary conviction
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
Court erred in granting change of judge
The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.
COA affirms original sentence revision
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
Court does not have subject matter jurisdiction over child support
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
Court split on dismissing murder, attempted feticide charges
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
Justices take secretary of state case
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
Judges reverse felony sexual battery conviction
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
Homeowners’ association can enforce ban on child day care
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
Appellate court to visit Sellersburg for arguments
The Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment claims for a police officer’s private statements.
Justices rule on admitting testimony in crash cases
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
On petition for rehearing, appellate court affirms original opinion in drug case
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
Appellate court affirms murder conviction; reverses on corpse abuse conviction
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
Expert’s voice carries weight
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
COA: Court erred in not granting request for change of judge
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
COA reverses trial court in OWI case
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
Driver’s appeal based on misinterpretation of previous COA decision
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.