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.
Indiana Court of Appeals
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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.
COA: Property owners waited too long demand house be removed
In a ruckus between neighbors started by a corner of a house and a brown shed that are both over the property line, the Court of Appeals of Indiana toppled the trial court ruling and found the homeowners had title to the disputed property through adverse possession.
Indiana Court Decisions: July 28-Aug. 10, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA rejects Lake County residents’ suit against East Chicago’s ‘welcoming ordinance’
Northern Indiana residents have failed in another attempt to do away with a local city “welcoming ordinance” — this time in the city of East Chicago — after the Court of Appeals of Indiana found that, like another attempt to remove such an ordinance in Gary, the plaintiffs ultimately lacked standing to bring their claim.
7th Circuits splits in affirming habeas corpus relief to Elkhart man convicted of murder
A split 7th Circuit Court of Appeals has affirmed an Elkhart man’s granted habeas corpus petition, finding that the Court of Appeals of Indiana applied a rule contradicting Supreme Court precedent in refusing him relief, leaving its decision not entitled to deference under the Antiterrorism and Effective Death Penalty Act.
12 Indiana judges, lawyers apply for Molter’s upcoming COA vacancy
Twelve Hoosier lawyers and judges have applied to fill an upcoming vacancy on the Court of Appeals of Indiana that will be left by Judge Derek Molter when he joins the Indiana Supreme Court next month.
COA affirms dismissal of appeal from inmate with ‘penchant for litigation’
A South Bend man with a history of filing dozens of “meritless actions” has once again failed to convince the Court of Appeals of Indiana that he was wronged by the justice system, drawing it to further tighten the boundaries of his filing abilities.
COA dismisses appeal of denied PCR petition
A convicted murderer will not be able to appeal the denial of his petition for post-conviction relief after the Court of Appeals of Indiana determined a trial court erred in granting him permission to file a belated appeal.
COA denies appeal, cross-appeal in stepdad’s child molesting case
A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.
Murder conviction, sentence upheld for Lake County man in woman’s disappearance
A Lake County man accused of killing a mother of three after they attended a concert in Chicago cannot be rid of his murder conviction, the Court of Appeals of Indiana has ruled.
Rokita encourages IN Supreme Court to take birth certificate gender marker case
Indiana Attorney General Todd Rokita is advocating for the Indiana Supreme Court to grant transfer to a case concerning transgender Hoosiers’ birth certificates, requesting justices clear up confusion on the matter by ruling the judiciary has no authority to order a change of “sex” on the legal documents.
COA: Deferred pension distribution not an error, but trial court should’ve protected wife’s portion until ex’s retirement
A trial court did not err in deferring the distribution of a man’s pension to his ex-wife until he retires, but it did err in failing to protect the ex-wife’s portion of the pension, the Court of Appeals of Indiana has ruled.