COA: Teen didn’t resist law enforcement
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
Indiana Court of Appeals
Articles
Use of wrong statute requires reversal of dealing conviction
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed
the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
Canine sniff case gets second look, same ruling
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.
Court affirms felony nonsupport of a dependent conviction
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.
District judge asks court to answer certified question
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified
question in litigation involving the Indiana Products Liability Act.
1-year limit toll not extended by appeal
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.
COA finds fundamental error in juvenile case, again
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s
right to counsel at her detention hearing.
Booking card exception to hearsay rule
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to
the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
Water company not a political subdivision
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana
Court of Appeals concluded today.
COA balances free speech vs. minor’s privacy rights
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political
speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
COA reverses judgment on 1 cross-claim in library appeal
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach
of professional standard of care, the Indiana Court of Appeals ruled today.
Appeals court rules on corporate subsidiaries case
The Indiana Court of Appeals has ruled against a Bluffton electric company, finding that corporations can’t simply create
subsidiaries internally and declare them separate entities in order to avoid paying higher tax rates under state unemployment
compensation law.
Court rules on appellate counsel issue in child molesting case
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second
highest appellate court has ruled.
Justices adopt appellate court findings
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court
of Appeals decided on two criminal appeals.
Judges affirm elevated drug convictions
The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.
Translated transcripts necessary for jury
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
Justices dismiss DCS transfer petition
The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the
Indiana Court of Appeals ruled in favor of the DCS.
Court: refusal to identify law applies to passengers
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
Checkpoint doesn’t violate separation of powers
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
COA: negligence claim should go to trial
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.