Articles

Divided COA upholds weapons conviction after traffic stop

A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.

Read More

COA splits on definition of ‘squeezed’ in burglary case

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry. 

Read More

David, Goff publish dissent after justices let stand parents’ reimbursement order

Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.

Read More

Split COA affirms suppression after faulty controlled drug buy

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

Read More

Appeals court splits over ‘manifest injustice’ in resentencing

The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.

Read More

COA affirms breach, fraud, unjust enrichment claims brought by bank

A bank that brought breach of contract, fraud and unjust enrichment claims against its loanee won each of those claims on appeal, but failed to state a claim that the loanee violated the “usual and customary practices” laid out in its participation agreement, according to a Friday opinion from the Indiana Court of Appeals.

Read More

Appellate court orders new trial for car crash victim

A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.

Read More