Former appellate court judge dies
The Hon. Robert H. Staton, who was an Indiana appeals court judge for nearly 30 years, died July 18. He was 86.
Indiana Court of Appeals
Articles
Trial court shouldn’t have struck expert witness affidavit
The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.
COA rules man is not guilty by reason of insanity
Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.
Appellate judges rule on court warrant officer’s claim
The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.
Wrongful conviction arguments heard
The Indiana Court of Appeals heard arguments July 13 in the post-conviction relief case of a woman convicted of intentionally setting a fire that killed her young son, leading to what she says was a wrongful conviction and imprisonment 15 years ago.
Appeals court splits on new sentence modification issue
An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.
Judge: Man did not commit attempted child exploitation
The Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures up teenagers’ skirts at a mall using a camera attached to his shoe.
Judges examine estate case involving will, self-proving clause
Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.
Court decides 2nd marijuana-odor case in 2 days
Continuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw marijuana can be enough for police to search someone during a valid traffic stop.
Search didn’t violate driver’s rights
The smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest, the Indiana Court of Appeals held in a case of first impression.
COA: Evidence supports dealing conviction
The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
COA upholds $12 garnishment
A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
Judges remand medical malpractice action
The Indiana Court of Appeals has ordered a trial court to hold a hearing as to what testimony an expert could give and to revise one of its orders in limine in a medical malpractice suit stemming from an overdose of Benadryl more than 15 years ago.
Arguments for woman who claims she was wrongfully convicted
The case of a woman who contends she was wrongfully convicted of arson and murder because of faulty science will be heard by the Indiana Court of Appeals July 13.
Indiana Supreme Court takes 3 cases; denies 27
The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.
Justices rule officer didn’t search car to find gun
The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.
COA sides with pro se defendant in murder case
The Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because the defendant had at the same time claimed his innocence.
Court clarifies ruling on medical review panel process
The Indiana Court of Appeals has clarified one of its earlier rulings about when nurses can participate in medical malpractice actions and what evidentiary rules allow in the review panel process if the chairperson reneges on an agreement that a particular individual wouldn’t participate.
COA to hold oral argument in Allen County
The Indiana Court of Appeals will hear oral arguments in Carrie Chapman v. Howard L. Chapman and Elizabeth W. Chapman, Trustees of The Stephen L. Chapman Irrevocable Trust Agreement, No. 02A03-1012-TR-624, at 10:30 a.m. July 12 at the Allen County Courthouse in Ft. Wayne.
Court examines ‘entry’ of guilty plea withdrawal motions
The Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t file a request in writing or justify the withdrawal.