COA splits in reversing delinquency adjudication for auto theft
A split appellate panel has reversed a teen’s delinquency adjudication for auto theft, finding insufficient evidence to support the adjudication.
Judge Cale J. Bradford
Articles
COA rules dispute over agreement with former Celadon Group must move to Delaware courts
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
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.
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.
COA affirms machine gun adjudication for teen who had pistol with ‘Glock switch,’ reverses 2nd adjudication for double jeopardy
A teen arrested for possession of a modified pistol will not shake his machine gun adjudication but has convinced the Court of Appeals of Indiana that a juvenile court violated double jeopardy principles when it also tacked on a possession-of-a-dangerous-firearm offense.
Lake County Council can have power over county purchasing, data collection, COA affirms
A dispute over who can make purchasing decisions and collect data for Lake County has been resolved in favor of the Lake County Council, despite opposition from the county’s commissioners.
Insurer wrongly denied $10K to woman after crash, COA rules
An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.
COA upholds involuntary mental health commitment
A man who challenged his involuntary mental health commitment after he had already been released failed to convince the Court of Appeals of Indiana that he shouldn’t have been held against his will.
COA has ‘little doubt’ state violated discovery rule in child molesting case
Bungled communications by law enforcement officials over whether a polygraph was admissible in court has resulted in the Court of Appeals of Indiana affirming the exclusion of the evidence against a defendant in a child molestation case and sanctions against the state.
COA affirms convictions of man who attempted to rape granddaughter, but remands for clarification
While the Court of Appeals of Indiana didn’t overturn a Logansport man’s convictions for attempting to rape his granddaughter, the Cass Circuit Court will need to go back and clarify the record on his judgment and sentencing.
Division of deceased couple’s estate will stand despite omission in COA decision
Despite a portion of a deceased couple’s will being omitted from a Court of Appeals of Indiana opinion, the appellate court’s original decision does not need to be reversed, the COA held in a Tuesday opinion on rehearing.
COA Judge Kirsch honored at retirement ceremony
On Thursday, a retirement ceremony was held for retiring Indiana Court of Appeals Judge James Kirsch in the Indiana Supreme Court courtroom at the Statehouse in Indianapolis.
Appellate court affirms custody modification to father
A juvenile court acted within its discretion when it awarded sole custody of a couple’s children to the father after the mother was arrested for multiple alcohol-related incidents and provided questionable living arrangements, the Court of Appeals has ruled.
COA finds speedy-trial rights not violated in Johnson Co. robbery case
The Indiana Court of Appeals has dismissed a man’s interlocutory appeal arguing his Sixth Amendment rights were violated after it found the defendant was partially responsible for the delay in his trial and there wasn’t enough evidence to conclude official negligence by the state.
COA wishing Vaidik ‘full and speedy recovery’
Indiana Court of Appeals Chief Judge Cale Bradford issued a statement Friday, saying he spoke with his colleague Nancy Vaidik and the entire appellate court is keeping good thoughts for her recovery.
COA upholds admission of evidence from challenged pat-down search
A police officer was justified in conducting a search of Christian Jamar Triblet after seeing a bulge on the right side of his pants that was larger than a mobile phone, the Indiana Court of Appeals ruled Tuesday, affirming a lower court ruling denying Triblet’s motion to suppress evidence.
COA reverses narcotic conviction for insufficient evidence
The Indiana Court of Appeals has vacated a man’s felony conviction for possessing a narcotic, agreeing with both the defendant and the state that the substance found in the man’s possession was not actually a narcotic.
COA upholds admission of medical bills in $0 pain-and-suffering verdict
Evidentiary rulings that led to a $0 jury verdict for a man who was injured in a car crash were upheld Wednesday by the Indiana Court of Appeals. The case drew participation from the Indiana plaintiff and defense bars.
Developer may water ski but not build dock on lakefront property, COA rules
A developer who sold his property in the lakefront subdivision he developed cannot now build a dock on that lake, even though he has lifetime rights to ski there, the Indiana Court of Appeals affirmed in a Tuesday opinion.