COA affirms 20-year sentence for woman who stole from employer
A decades-long sentence has been affirmed for a woman who stole personal items from her former employer after being told she wouldn’t receive back wages after the business went under.
Judge Melissa S. May
Articles
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
COA dismisses long-running suit from deaf litigant denied sign interpreter
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
Battery convictions sustained for man who burned child
A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.
Word substitution causes trouble, but plea agreement stands
A Fayette County man’s confusion about a state statute complicated by a prosecutor’s poor word choice drew some sympathy from the Indiana Court of Appeals but was not enough to win a reversal.
Appellate court dismisses case involving father’s DCS dispute
An appellate court has dismissed a case involving allegations made against a father to the Indiana Department of Child Services, finding that it doesn’t have jurisdiction over the proceedings in his case.
Man loses PCR bid against criminal contempt sentences
A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.
COA hears first virtual argument with minor technical hiccups
Although they appeared to be sitting side-by-side per usual, the three appellate judges hearing the Indiana Court of Appeals’ first-ever remote oral arguments on Thursday were certainly far apart.
Burglar who said he was trying to help sister get dialysis loses appeal
A Lake County man sentenced to 16 years in prison after he pleaded guilty to two burglaries could not persuade an appellate court to lighten his punishment because he said he broke into homes in part to help his sister “get to dialysis.”
Despite inadequate defense, COA denies relief in 1999 Indy merchant’s murder
A man convicted of slaying an Indianapolis storekeeper in 1999 lost his post-conviction relief appeal Wednesday, even as the appellate panel acknowledged his since-suspended defense counsel failed to properly investigate alternate suspects, among other shortcomings.
COA: Motion to suppress should be granted because officers lacked probable cause
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
COA reverses contempt finding against vet for nonpayment in divorce dispute
The goal of harmonizing provisions between conflicting provisions in a divorce settlement led the Indiana Court of Appeals to find a military veteran should not have been held in contempt for discontinuing monetary support to his former wife.
COA splits over length of woman’s consecutive sentences for drug dealing
The Indiana Court of Appeals divided Thursday on a woman’s consecutive sentences for drug dealing convictions, with a dissenting judge contending her 24½-year term should be shorter.
Split COA: Drug evidence from traffic stop wrongly admitted
The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
Juvenile molestation finding reversed over faulty rights waiver
The Indiana Court of Appeals on Thursday reversed a 12-year-old boy’s delinquency adjudication for what would be Level 4 felony child molestation, finding he lacked maturity to knowingly and voluntarily waive his rights and that evidence of a police interrogation should not have been admitted.
Double jeopardy found in gun convictions, but sentence affirmed
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
Despite conflicting statutes, COA affirms juvenile gun adjudication
A juvenile dangerous possession of a firearm adjudication has been upheld by the Indiana Court of Appeals despite the finding that state statutes in play in his case are in conflict.
COA upholds GBMI ruling in deadly Monument Circle attack
A man found guilty but mentally ill of a Monument Circle attack that left one person dead has lost his appeal of his convictions and sentence, including his appeal of the finding that he could appreciate the wrongfulness of his conduct.
Reversal: New crime exception nulls ‘taint’ on traffic stop
The grant of a motion to suppress an allegedly unconstitutional traffic stop has been overturned, though the Indiana Court of Appeals did not reach the constitutional question in reversing the trial court.
New lawyers reminded of their responsibilities and duties
Indiana’s newest attorneys were congratulated on their admission to the bar and welcomed to the practice of law Wednesday with soaring rhetoric and practical advice from their colleagues in the bar and on the bench.