Appeals on Wheels: COA heads north, south for handgun possession cases
The Indiana Court of Appeals will travel both north and south this week to hear oral arguments in two cases involving handgun possession without a license.
Judge Melissa S. May
Articles
Split COA: Maintenance not required in divorce of disabled spouse
A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.
COA: ‘pleasant’ drug defendant was properly Mirandized
A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.
Split COA relieves defendant from default despite inexcusable neglect
The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.
Man who failed to disclose property interest must divide mother’s estate with ex-wife
A woman who learned after the divorce was final that her estranged husband did not disclose his interest in his mother’s estate has gotten relief from the Indiana Court of Appeals, which found the man “made a mockery of the discovery process.”
COA reverses restitution for sentencing hearing lost wages
A man convicted of leaving the scene of a vehicle crash he caused will have to pay about $65 less in restitution to the other driver after the Indiana Court of Appeals determined the second driver could not claim lost wages for the time she spent at the man’s sentencing hearing.
Mother’s neglect conviction vacated under double jeopardy rule
The Indiana Court of Appeals “regrettably” reversed one of a mother’s conviction for neglect after her baby was found to have been dead for two days before being taken to the hospital, finding that one of the woman’s neglect convictions violated her right to be free from double jeopardy.
COA: Lake County court overstepped in awarding fees in Illinois case
A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.
COA orders judgment for insurer after fatal shooting
An insurance company is under no obligation to defend or indemnify a southern Indiana father whose son shot and killed a man on their property, the Indiana Court of Appeals ruled, reversing a trial court order denying summary judgment for the insurer.
Conviction vacated for man who opened fire over iPad
A man who opened fire in a busy Indianapolis intersection after he claimed he was trying to make a citizen’s arrest of a suspected iPad thief was improperly convicted of one of two charges that may have constituted double jeopardy, the Indiana Court of Appeals ruled Wednesday.
Despite testimony discrepancies, delinquency affirmed
The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.
COA: Admission of interview video harmless in firearm conviction
The Indiana Court of Appeals affirmed the firearm conviction and sentence of a man when it found the admission of a nearly incomprehensible interview video was, at most, harmless in his case.
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
Pension plan wins appeal in suit challenging bifurcated divorce
A long-running pension dispute involving a woman whose husband died during the pendency of a bifurcated divorce hearing is headed back to the trial court after the Indiana Court of Appeals found multiple issues with the lower court’s rulings.
COA reverses murderer’s post-conviction relief
Post-conviction relief was revoked from a man convicted of murder and sentenced to 141 years in prison after the Indiana Court of Appeals found res judicata barred him from making a claim for relief.
COA rules for insurer in 2011 truck crash that killed 3
An insurance company owes no common law or assumed duty to parties injured or killed in a crash caused by a truck driver who knowingly operated a vehicle with faulty brakes, the Indiana Court of Appeals ruled Wednesday.
Slaughter replaces David as Coalition for Court Access chair
Indiana Supreme Court Justice Geoffrey Slaughter has taken over as chair of the Coalition for Court Access, while three additional members have been appointed to serve under him. He will take over for Justice Steven David, who had chaired the coalition since its 2016 inception.
Dinner to honor Landis for service to state
The Indiana legal community will honor its top public defender, Larry Landis, this week for his contributions in the courtroom, the Statehouse and the classroom. A special dinner for Landis will be held beginning at 5 p.m. Thursday at the Indiana Landmarks Center.
Divided COA: Court erred in dismissing charges after 1 year
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.