COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
Judge Elizabeth Tavitas
Articles
Pendleton inmate loses appeal of murder conviction after fatal prison stabbing
An inmate who used a makeshift weapon to fatally attack another inmate did not convince the Court of Appeals of Indiana that his murder conviction should be reversed.
Appellate court affirms sentence change from home detention to DOC
A man who claimed that his home detention sentence was wrongly changed to placement in the Indiana Department of Correction did not sway the Court of Appeals of Indiana to rule in his favor.
Split COA finds juvenile court had jurisdiction to order SORA registration
An Indiana man wasn’t wrongfully ordered to register under the Sex and Violent Offender Registration Act by a juvenile court after he turned 18, a split Court of Appeals of Indiana panel has concluded.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
Statute of limitations correctly applied under Indiana Accountancy Act in tax dispute, COA affirms
The correct statute of limitations was applied in a dispute between an accountant and a business that claimed the accountant’s work resulted in it paying significantly more in federal and state taxes, the Court of Appeals of Indiana has ruled.
Appellate court splits in first impression ‘he said, she said’ child molesting case
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
Despite win in federal court, defendant loses suppression appeal in state court
An Evansville man who was charged with illegally possessing a firearm in state and federal court could not convince the Court of Appeals of Indiana that his motion to suppress should have been granted by the trial court when the district court ruled for him.
Split COA reverses protective order against father in ‘close case’
An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.
Father allowed limited contact with teen son despite protective order, COA rules
A father accused of physical abuse against his teenage son can have limited contact with his son despite a protective order after the Court of Appeals of Indiana determined the protective order went too far.
Reversal: Joint custody not supported, trial court must choose which parent will get sole custody
The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
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.
COA: Despite driver’s admission to smoking meth, state failed to prove OWI
A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.
Inmate sanctioned by COA for continued filing of frivolous lawsuits
Fed up with the increasing burden an Indiana inmate has placed on the courts with frivolous lawsuits, the Court of Appeals of Indiana has instructed trial courts to not put up with the prisoner’s misconduct any longer.
Man loses appeal of animal abuse convictions after hitting, shooting dog
The Court of Appeals of Indiana has upheld a man’s conviction for hitting and shooting his dog, finding the evidence did not support his claim that he was trying to put the animal down to protect his neighbors.
Convictions upheld for man in Allen Co. drug robbery gone wrong
A man involved in a robbery-turned-murder will keep his related convictions despite his arguments against a traffic stop and the jury instructions in his case, the Court of Appeals of Indiana has ruled.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
Despite sticker shock, COA affirms $150K bail for teen charged in deadly crash
Noting several times its limited role in reviewing the denial of a request to reduce bail, the Court of Appeals of Indiana has affirmed a trial court’s ruling that set bail at $150,000 for an Elkhart County teenager charged in a deadly auto accident.
Reversal: Same name not sufficient evidence for serious violent felon conviction
A Decatur County man facing an aggregate sentence of 30 years had his Level 4 felony conviction overturned after the Court of Appeals of Indiana ruled that a defendant having the same name as a person convicted in a previous drug case was not enough to sustain a conviction as a serious violent felon.
Denial of motion to set aside default judgment was error, COA rules
A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.