26 results for 'judge:"Vaidik"'.
J. Vaidik finds that the trial court improperly allowed plaintiff's son to invoke the anti-SLAPP defense in defamation claims because the son's accusations that plaintiff committed domestic violence against his mother decades before did not concern a public issue. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: May 8, 2024, Case #: 23A-CT-2178, Categories: Anti-slapp, Defamation
J. Vaidik finds that the lower court properly convicted defendant for failing to register his online social media accounts for three dating websites as a sex offender. A website does not have to have a “built-in messaging or chat function so long as it provides some way for a member to contact another person” in order to be classified as a social networking website. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: April 8, 2024, Case #: 23A-CR-2139, Categories: Sex Offender
J. Vaidik finds the trial court properly convicted defendant for four counts of murder and one count of robbery. Police responded to a report of shootings to find a drug dealer and three associates shot multiple times, with the dealer's apartment having been ransacked. Surveillance footage shows a vehicle associated with defendant at the scene. A friend of the victims who left the apartment after defendant and his accomplices had arrived but before the shooting occurred also identified the defendant. Evidence from defendant's cell phone was properly admitted, with the search warrant supported by probable cause. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: March 15, 2024, Case #: 23A-CR-898, Categories: Evidence, Murder, Robbery
J. Vaidik finds that the trial court improperly required defendant to register as a sex offender in Indiana because moving back to Indiana after moving to a state that requires registration for a sexual misconduct conviction did not require that he register as a sex offender in Indiana. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: February 23, 2024, Case #: 23A-MI-2545, Categories: Sex Offender, Jurisdiction
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J. Vaidik finds that defendant was improperly convicted of the lesser-included offense of voluntary manslaughter in light of the prosecutor's closing statements concerning the eggshell-victim doctrine because the contention that defendant was guilty regardless of intent to cause bodily harm muddied the issue of whether defendant knowingly killed the victim. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: January 24, 2024, Case #: 23A-CR-783, Categories: Intent, Prosecutorial Misconduct, Manslaughter
J. Vaidik finds that defendant was properly convicted of battery because a specific piece of evidence the court initially declined to admit was eventually admitted into the record. Meanwhile, evidence indicated that defendant swung a long stick-like object at the victim and hit them in the head. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: December 11, 2023, Case #: 23A-CR-985, Categories: Evidence, Battery
J. Vaidik finds that the trial court improperly granted custody of a child to the grandparents against the mother's wishes because even though the mother abandoned the children for more than a year in 2018, she has been living with her children for more than two years. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 28, 2023, Case #: 23A-JP-776, Categories: Family Law
J. Vaidik finds a lower court ruled correctly in convicting defendant on domestic abuse charges in an appeal concerning rules on jury instructions on “unanimity.” Despite defendant’s assertions to the contrary, a “special unanimity instruction” was not required in this case because the violence he was charged with was “part of one continuous episode” rather than discrete acts that the jury needed to evaluate separately. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 22, 2023, Case #: 23A-CR-1340, Categories: Assault, Domestic Violence, Jury Instructions
J. Vaidik finds that defendant was improperly convicted of intent to sell methamphetamine based on his nervous responses to questions about residue observed on a scale and the discovery of meth inside a backpack that also contained his wallet because evidence did not indicate he intended to sell the minuscule amount of meth found on the scale. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: October 11, 2023, Case #: 22A-CR-2999, Categories: Drug Offender, Evidence
J. Vaidik finds that defendant was improperly convicted of resisting arrest for intimidation, disorderly conduct, and public intoxication because defendant's actions of pulling away before arresting officers could grab his arm did not rise to the level required for sustaining such a conviction. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: October 5, 2023, Case #: 23A-CR-523, Categories: Resisting Arrest
J. Vaidik finds that defendant was properly denied ineffective counsel relief from his intimidation conviction based on counsel's failure to challenge the seizure of defendant's computer because police had reason to seize defendant's computers even if they required a second, more specific warrant to search its contents. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: September 25, 2023, Case #: 23A-PC-452, Categories: Ineffective Assistance, Search
J. Vaidik finds the lower court properly denied defendant’s motion to strike. Defendant was convicted of felony dealing of marijuana and was sentenced as a habitual offender. Defendant appeals, arguing that jury members were biased by the comments of another juror who was removed from the panel. The lower court properly interviewed the jurors in question and they conveyed that the comments did not affect their ability to be impartial toward defendant. The instant court finds no error by the lower court. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: September 7, 2023, Case #: 23A-CR-526, Categories: Drug Offender, Jury
J. Vaidik finds that the trial court improperly ruled on discovery in real estate fraud claims contending the seller and realtors made misrepresentations concerning the property and water access. Discovery sanctions were improperly levied against plaintiffs because their objections to certain discovery questions were justifiable, and expenses were not warranted. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: September 7, 2023, Case #: 23A-PL-116, Categories: Real Estate, Sanctions, Discovery
J. Vaidik finds that trial court properly ruled in an involuntary commitment case. The evidence showed that the individual suffered from mental health issues and could not meet her own basic needs, and that the commitment was warranted. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: August 1, 2023, Case #: 23A-MH-114, Categories: Commitment
J. Vaidik finds that defendant was properly convicted of carrying a handgun without a license. The fact that the state assembly changed the laws regarding handgun licenses does not apply retroactively to defendant. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: July 19, 2023, Case #: 23A-CR-6, Categories: Firearms
J. Vaidik finds that the trial court improperly ruled in a landlord-tenant dispute because the tenant should be granted credits for her security deposit and for work done to remedy the condition of the house. Thus, the tenant owes a total of $1,998. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: June 23, 2023, Case #: 22A-SC-1473, Categories: Landlord Tenant, Damages