COA upholds conviction against uncle who molested nephew
The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.
Judge Melissa S. May
Articles
COA rejects Proportionality Clause claim, affirms 35-year sentence
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.
Word ‘upon’ leads COA to toss obstructed-windshield conviction
A man’s infraction conviction for violating a windshield-obstruction law was thrown out Thursday by the Indiana Court of Appeals, which held that the plain meaning of the statute meant he couldn’t be convicted despite trash, clothes, food and other items piled from the floor to the ceiling of his vehicle.
COA: Bomb threat still evacuates closed courthouse
A man convicted of intimidation for threatening to blowup a courthouse failed to persuade the Indiana Court of Appeals that he did not want to evacuate the building because he made the calls when he knew the place would be empty.
COA slashes disability damages, voids state code, gives bench slaps
Portions of the Indiana Administrative Code were voided by an Indiana Court of Appeals decision in a disability discrimination suit in which the appeals court also substantially reduced a damages award to a fired worker and criticized counsel for incivility and citing outdated regulations.
COA reduces contempt sentence from 910 days to 6 months
The Marion Superior Court must reduce a man’s sentence for criminal contempt of court to six months in order to comply with his Sixth Amendment rights and U.S. Supreme Court precedent, the Indiana Court of Appeals has ruled.
COA modifies delinquent adjudication to lesser offense
A teenage boy who threw a rock through a woman’s car window will retain his adjudication as a delinquent child, but the majority of the Indiana Court of Appeals ordered Friday that the evidence requires his adjudication to be based on a lesser offense.
COA affirms convictions of auto theft, resisting law enforcement
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
ALJ correct in finding nurses, phlebotomists are employees
The Indiana Court of Appeals affirmed an administrative law judge’s decision that certain workers were employees of a consulting business, and so the company was liable for additional unemployment taxes.
Speeding ticket tossed because of invalid Carmel ordinance
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
COA split over inmate’s ability to sue for unpaid wages
The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.
COA: property conveyed with a restrictive covenant
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
Search of man, car that led to drug arrest constitutional, COA rules
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
Inmate loses negligence suit on appeal
The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.
COA finds no error in Class A felony attempted robbery conviction
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
Ankle bracelet excuse fails in court
A sex offender cannot use an ankle monitor as an excuse for failing to update his address on the sex offender registry, the Indiana Court of Appeals ruled.
COA affirms drug dealing, possession convictions
A man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived his Fourth Amendment rights, the Court of Appeals ruled Friday.
Appeals court upholds rape conviction
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
Court reverses ruling in Plymouth church insurer’s suit against contractors
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
Pro Bono Commission chair sees dramatic drop in funding during term
Colleagues say Indiana Court of Appeals Judge Melissa May’s selflessness and volunteer spirit made her ideally suited for the position.