Indiana Court Decisions: Aug. 11-24, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
COA affirms denial of motion to clarify probation sentencing
A man arguing his probation should end three years earlier than the date listed in the system has failed to secure relief from the Court of Appeals of Indiana.
COA: Former pet company exec had no ownership interest
The former president of a company that manufactured animal and pet products has failed to convince the Court of Appeals of Indiana that along with being an executive at the company, he also held an ownership stake.
COA again denies attempt to stop new construction in historic Indianapolis district
Continued attempts to halt the construction of a parking lot and retail center in a historic Indianapolis district by a collection of nearby homeowners has been bulldozed after the Court of Appeals of Indiana ruled the residents lacked standing when they failed to allege injury as a result of the project.
COA reverses hundreds in fees imposed upon thief
A Clay County man will not have to pay a pair of fees imposed upon him by a trial court following his conviction of theft after the Court of Appeals of Indiana determined neither of the fees were authorized by statute.
COA: Ex-husband rightfully granted motion to enforce settlement, owed appellate attorney fees
A woman who didn’t comply with the settlement agreement in her dissolution of marriage decree has failed to convince the Court of Appeals of Indiana that a trial court erred in granting a motion to enforce settlement.
Reversal: COA finds key evidence excluded in fatal crash case involving motorcyclist, state police
The estate of a motorcyclist who was killed after colliding with an Indiana State Police vehicle while exiting an Indiana tollbooth faced a reversal after the Court of Appeals of Indiana concluded evidence of his high-speed chase with police just before the fatal accident was wrongly excluded from trial.
JNC to interview 12 COA candidates next month
The Indiana Judicial Nominating Commission will interview 12 applicants next month to fill an upcoming vacancy on the Court of Appeals of Indiana.
Indiana Supreme Court tosses decades-old precedent protecting police work product
The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.
In ‘rare circumstances,’ split COA reverses denied PCR petition for man convicted of drug crime he didn’t commit
Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.
Suicidal man who killed motorist in head-on collision to keep murder conviction
A man who drove into oncoming traffic as part of a suicide attempt, killing another motorist, has failed to convince the Court of Appeals of Indiana to overturn his murder conviction.
COA: BMV can share infraction conviction info
Per Indiana Code, the Indiana Bureau of Motor Vehicles isn’t prohibited from disclosing records or information about traffic infraction convictions, the Court of Appeals of Indiana has affirmed.
Lifetime registration affirmed for sexual offender despite statute change
A man required to register as a sex offender for the rest of his life after committing sexual battery did not convince the Court of Appeals of Indiana that a later amendment overhauling Indiana’s registration requirement for the same crime should apply to his case.
COA: Wife’s testimony provided ‘rational basis’ under Indiana Evidence Rule 701
A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.
COA reverses teen’s intimidation adjudication for insufficient evidence
A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.
Retirement ceremony planned for Justice David
Friends, family and colleagues will soon gather to say goodbye to the current longest-serving member of the Indiana Supreme Court. A celebration honoring retiring Justice Steven David’s career will be held at 2 p.m. Aug. 30 in the Supreme Court courtroom in Indianapolis.
15 of 17 securities fraud charges against 1 man upheld on appeal
A 17-count indictment against a man accused of securities fraud has largely been upheld on appeal, although the Court of Appeals of Indiana did order the dismissal of two of those charges on statute-of-limitations grounds.
COA: Moot involuntary commitment order was appropriate
A woman who was permitted to challenge her involuntary commitment order by the Indiana Supreme Court did not sway the Court of Appeals of Indiana on remand from its original decision after it concluded again that her temporary commitment was appropriate.
Water provider not subject to state billing, disconnection provisions, COA rules
A dispute brought by a southern Indiana residential community about whether its water provider’s bill payment and customer disconnect rules violated state law has been stopped up by the Court of Appeals of Indiana, which affirmed that the provider isn’t subject to the state provisions.
Appellate court reverses probation revocation for man denied due process, orders new hearing
A man will get a new hearing after the Court of Appeals of Indiana concluded the Marion Superior Court violated his due process rights by not properly advising him during probation revocation proceedings.