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.
Indiana Court of Appeals
Articles
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.
Tort Claims Act does not grant immunity for reckless conduct
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
Appellate court orders new trial in child molesting case
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
Appellate court upholds denial of palliative care
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
Judges uphold convictions for attempted trafficking with an inmate
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
COA: Judge didn’t err in rejecting master commissioner’s sentence
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
COA webcasts to resume Wednesday
After being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast again beginning Jan. 25.
COA: sentence waiver is valid
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
Judges reverse award of attorney fees
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.
COA reverses guilty plea to Class A felony child molesting
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
Justices: patient fund not entitled to set-off
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
Appellate court affirms juvenile committed theft, burglary
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
COA: arbitration provision null and void
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.