308 results for 'court:"Indiana Court Of Appeals"'.
J. Brown finds that the trial court properly ruled in defamation claims stemming from statements made to the chief of the fire department at which plaintiff volunteered about plaintiff's prior arrest for impersonating an officer because plaintiff failed to demonstrate that information in the sheriff's department database, or statements made to his employer about his arrest, had been false. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: April 10, 2024, Case #: 23A-PL-2229, Categories: Employment, Defamation
J. Shepard finds that the trial court improperly ruled in claims seeking to include a third gender on driver's licenses and identification cards. Under Indiana law, the term "gender" in relation to such documents is defined as a person's biological sex, which falls in line with other systems that require recording a cardholder's sex. Reversed.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: April 9, 2024, Case #: 23A-PL-899, Categories: Civil Rights, Licensing
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
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J. Mathias finds that the lower court properly convicted defendant of Level 4 felony unlawful possession of a firearm by a serious violent felon. The state presented sufficient evidence to prove that defendant had possessed a handgun stolen from his father, found at the scene where defendant fled from officers. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 8, 2024, Case #: 23A-CR-1399, Categories: Evidence
J. Kenworthy finds that the lower court properly convicted defendant of two counts of Level 6 felony neglect of a dependent. Defendant “rode her bicycle near a busy intersection as her two-month-old infants lay unrestrained, visibly sunburnt, and mostly unclothed,” in a milk crate she had attached to the bike with bungee cords. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: April 8, 2024, Case #: 23A-CR-1583, Categories: Negligence
J. Weissmann finds that the trial court properly held that Hoosier Jews for Choice have standing in claims challenging state abortion restrictions on religious grounds because the Hoosier Jews demonstrated the restrictions have caused them harm, as they have been forced to alter sexual and/or reproductive behavior; meanwhile, the court properly held that their inability to access abortions infringed their religious freedoms, as one anonymous plaintiff's beliefs include that "life begins when a child takes their first breath after birth" and that a pregnant woman's life "must take precedence over the potential for life embodied in a fetus," while another anonymous plaintiff, who lacks affiliations with a particular religion and does not believe in a single god, believes in a "supernatural force or power in the universe that connects all humans" and that "we are endowed with bodily autonomy." The claims may proceed as a class action, but the court's injunction must be narrowed so as not to allow valid applications of the restrictions to be blocked. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: April 4, 2024, Case #: 22A-PL-2938, Categories: Civil Rights, Injunction
J. Foley finds that the trial court properly granted a father custody of the parties' child and granted him attorney fees because the mother failed to refute findings that her parenting style was damaging to the child and alienated the child from the father. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: March 28, 2024, Case #: 23A-DC-885, Categories: Family Law, Attorney Fees
J. May finds the trial court improperly granted the apartment owner possession of the rent-subsidized tenant's apartment. The owner sought to take possession of the apartment when the tenant's lease ended, citing his nonpayment of rent and behavior. The owner violated federal law by failing to give the tenant a 30-day notice, as required. The notice provision did not expire with the Covid-19 temporary eviction moratorium. Reversed.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 22, 2024, Case #: 23A-EV-1404, Categories: Landlord Tenant, Covid-19
J. Bradford finds the trial court properly denied defendant's motion to dismiss. Defendant was charged with failure to register as a sex or violent offender after he returned to Indiana, where the offense had taken place. Defendant had previously transferred his parole from Indiana to Florida, where he is required to register for life, signing a form acknowledging residency in another state would require registration there as well. The requirement to re-register in Indiana does not impose an additional criminal penalty. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: March 20, 2024, Case #: 23A-CR-1339, Categories: Sex Offender, Jurisdiction, Child Victims
J. Felix finds the trial court properly convicted defendant for murder, criminal recklessness, resisting and neglect of a dependent. Defendant, with his toddler son, attended a birthday party at his sister's residence where he engaged in an argument with her fiancé. Defendant shot the victim 18 times before fleeing with his son. The court properly prevented defendant's additional question impeaching his sister’s testimony. Defendant's claim of self-defense fails, and his sentence is not inappropriate considering the nature of the offenses, regardless of his lack of a criminal record. Affirmed.
Court: Indiana Court Of Appeals, Judge: Felix , Filed On: March 20, 2024, Case #: 22A-CR-3007, Categories: Murder, Sentencing, Escape
J. Riley finds the trial court properly found for the paving contractor. The estate filed a wrongful death suit against the city and certain contractors after the deceased party was struck and killed by a vehicle within a sidewalk improvement project area that did not provide crosswalks. The estate's citing of a case wherein a motorist was killed when his vehicle encountered mud near a state bridge construction project does not support an existence of the contractor's duty of care. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley , Filed On: March 20, 2024, Case #: 23A-CT-950, Categories: Construction, Municipal Law, Wrongful Death
J. May holds the trial court properly found in favor of the brother in this will contest. The sisters contest whether their brother properly challenged their petition for review of their mother's trust by filing a second petition to docket trust in the cause of action contesting the validity of an amended instrument opened by the sisters. The brother's petition to docket another amended instrument in the same cause of action where his sisters filed their petition to docket the first amended instrument sufficiently put them on notice regarding his challenge. Competing claims regarding the validity of the other instrument remain. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 15, 2024, Case #: 23A-TR-807, Categories: Trusts, Wills / Probate, Due Process
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. Foley finds that the trial court properly held that a father had no obligation to pay for his daughter's college under a settlement agreement because evidence indicates the daughter expressed no desire to have a relationship with her father. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: March 12, 2024, Case #: 23A-DR-990, Categories: Family Law, Settlements
J. Mathias finds that the trial court properly held that a mother did not have to justify why she does not want her child to attend the father's church because Indiana law grants the custodial parent the right to determine the child's upbringing. Meanwhile, the father's parenting time was properly reduced based on evidence indicating that he exposed the child to harmful conduct, including arguments with the mother. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: March 12, 2024, Case #: 23A-DC-1393, Categories: Family Law
J. Mathis finds that defendant was properly convicted of armored robbery, battery, and auto theft because the trial court properly allowed police officers to testify about the victim's out-of-court statements, and evidence indicates defendant had not merely possessed the vehicle but had stolen it and committed theft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: March 11, 2024, Case #: 23A-CR-954, Categories: Evidence, Robbery, Theft
J. Weissmann finds that defendant was properly convicted of murder since the lower court took numerous measures to ensure the jury did not know the victim's mother had been convicted of murder during defendant's trial. Once that information was disclosed, the court properly declared a mistrial, and the second trial did not violate double jeopardy. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 11, 2024, Case #: 23A-CR-606, Categories: Evidence, Murder, Double Jeopardy