The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”
A divided Indiana Court of Appeals affirmed that the inclusion of an overbid in a tax-sale purchased home’s redemption amount was misleading, but the majority still ultimately offered a second chance for a proper notice to be sent.
A woman seeking to obtain the full balance of her late husband’s individual retirement account couldn’t convince an appellate court that she shouldn’t have been denied summary judgment against his estate.
A demolition order for a northeast-side Indianapolis apartment complex vacant for more than five years was affirmed Thursday by the Indiana Court of Appeals, which stopped short of ordering the dilapidated property’s owners in England to pay the city’s legal fees in long-running nuisance litigation.
A mother found driving intoxicated with her three minor children in the car lost her appeal of a determination that they are children in need of services, but won a reversal of a requirement that she submit to random drug screens as part of her parental participation order.
A burglary conviction will stand after the Indiana Court of Appeals found race-neutral reasons to strike a black juror, though the appellate court did opine on best practices to avoid confusion in future Batson challenges.
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
The Indiana Court of Appeals affirmed an Elkhart student’s robbery conviction after concluding there was sufficient evidence to support that she stole money in the presence of the cash’s owner.
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
A drug dealing conviction that followed the exclusion of the lone African-American from the pool of potential jurors was affirmed Thursday, but a judge expressed concern about how the defendant’s objection was handled in Fayette Circuit Court.
A woman arguing interest should accrue on marital asset payments from her former husband failed to sway an appellate panel, which concluded the trial court was not required to include interest when reducing an equalization payment to a judgment.
An Allen County father who repeatedly struck his 6-year-old son in the face causing serious bruising after he accused the child of stealing his cigarettes had no viable claim of parental privilege shielding him from battery convictions.
Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.
A Lake County sports bar lost its appeal against a patron suing for personal injury when the Indiana Court of Appeals found it was foreseeable to the bar that one of its drunk patron’s was looking for a fight.
The Indiana Court of Appeals has affirmed a trial court’s division of a divorced couple’s marital property, finding the wife’s survivor benefit from her ex-husband’s pension could not be excluded from the marital assets.
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.
The Indiana Court of Appeals affirmed the denial of a man’s tendered jury instruction after finding the defense included in the proposed instruction was not available to the defendant.
A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.
The Indiana Court of Appeals affirmed an award of more than $250,000 to a man falsely accused of theft after finding that the man’s accuser was not entitled to summary judgment based on qualified privilege and that the award was not excessive.