Justices deny transfer in 24 cases, including case regarding conviction for crime defendant ‘did not commit’
The Indiana Supreme Court denied transfer to 24 cases for the week ending Dec. 2, including one case that split the court.
Judge L. Mark Bailey
Articles
COA: Gender marker changes for trans children not covered under state statute
The Court of Appeals of Indiana is continuing to wrestle with requests to change legal documents for transgender children, parting ways with its own precedent and finding that trial courts cannot order a gender-marker change.
Sentence revision not warranted for man kicked out of drug court, COA rules
A man who was kicked out of drug court for a variety of violations did not convince the Court of Appeals of Indiana that his explanations for the violations were valid.
COA affirms father’s accomplice convictions in violent robbery with son
A Wayne County father involved in a bloody robbery with his son did not find relief from his accomplice convictions at the Court of Appeals of Indiana.
Split COA voids juvenile’s delinquency adjudication, finds trial court failed to ensure minor knowingly waived rights
A juvenile’s delinquency adjudication for auto theft has been voided after a split Court of Appeals of Indiana found a trial court failed to ensure the child knowingly and voluntarily waived his rights when he admitted to the offense.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.
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.
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: Trial court incorrectly set aside default judgement
The Court of Appeals of Indiana has reinstated default judgment against a man who had previously won a reversal of that judgment but who failed to address the counterclaims against him.
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 affirms juvenile’s placement in DOC following exhaustion of ‘all reasonable efforts’
The Court of Appeals of Indiana has affirmed the placement of a Porter County juvenile in the Indiana Department of Correction following the failure of numerous and intensive rehabilitation efforts and lesser restrictive placements.
Man charged with 41 felonies loses bond reduction appeal
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Reversal: Divorce court violated parents’ 1st Amendment rights via ‘non-disparagement clause’
A non-disparagement clause drafted into a couple’s divorce order to prevent the parents from talking badly about each other even outside of the presence of their child was an unconstitutional prior restraint on speech, the Court of Appeals of Indiana ruled in a partial reversal.
Split COA affirms denial of minor’s gender-marker change, calls on Supreme Court for help
Making an about-face, a sharply divided panel of the Court of Appeals of Indiana has affirmed the denial of a mother’s second request to change her transgender child’s birth certificate gender marker. But noting its own conflicting precedent, the COA called on the Indiana Supreme Court to help resolve the issue.
COA partially reverses for defendant in fees and costs dispute
A Bloomfield woman has secured a partial reversal from the Court of Appeals of Indiana on the assessment of her fees and costs for her crime of failing to comply with compulsory school attendance law.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA affirms custody of child to stepfather over biological father’s appeal
A stepfather may keep legal and physical custody of his ex-wife’s child despite objections from the biological father, the Court of Appeals of Indiana has ruled.
Despite ‘problematic’ precedent, COA upholds denial of defendant’s motion to compel police report
Despite having concerns about the continued viability of a 1985 Indiana Supreme Court decision, the Court of Appeals of Indiana upheld the denial of a defendant’s motion to compel evidence of unredacted copies of police reports based on that precedent.
Ex-hospital employee’s unauthorized access to patient info leaves genuine questions of fact, COA rules
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.
COA: Attorney fees sanction appropriate for discovery violation
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.