308 results for 'court:"Indiana Court Of Appeals"'.
J. Mathias finds that the trial court improperly held defendant in jail for 630 days without holding a hearing on whether he violated parole based on the false idea that he was being held for parole violations and new criminal charges. Defendant was entitled to a determination as to whether his delay was unlawful and whether allegations that he violated parole should be dismissed. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: January 31, 2024, Case #: 23A-MI-1053, Categories: Criminal Procedure, Parole
J. Mathis finds that defendant was properly ordered to pay $37,000 in restitution after being convicted of burglary since defendant had the ability to pay the amount, but the trial court failed to create a payment plan based on defendant's finances. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: January 29, 2024, Case #: 23A-CR-1634, Categories: Burglary, Restitution
J. Bradford finds that defendant was properly convicted of impersonating a law enforcement officer since evidence indicated defendant dressed and represented himself as a detective for the county sheriff's department in an attempt to obtain surveillance footage from a woman. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: January 29, 2024, Case #: 23A-CR-1172, Categories: Evidence, Impersonation
J. Kenworthy finds that the trial court properly ruled that a wife should maintain possession of a pre-embyro in this divorce action. The parties created and froze pre-embryos, one of which they used to have a child, but their agreement did not state who should retain possession of frozen pre-embryos in case of divorce. The court properly weighed all factors in awarding the wife possession. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: January 26, 2024, Case #: 23A-DC-129, Categories: Family Law, Contract
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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. Pyle finds that the trial court improperly ruled in neglect claims by finding that the jury verdict was not in accordance with the evidence without stating specifics. However, evidence indicates the caregiver took reasonable actions after discovering the child was having issues waking up. Reversed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: January 23, 2024, Case #: 22A-CR-2557, Categories: Negligence
J. Bradford finds that the trial court improperly ruled in breach of contract claims because monetary awards for breach of a construction project contract may have been valid, but two mechanic's liens were not. Meanwhile, the court improperly included the value of unused materials in the amount of a separate mechanic's lien, and the property owner should not have been ordered to pay prejudgment interest to the construction company. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: January 19, 2024, Case #: 22A-PL-1968, Categories: Construction, Damages, Contract
J. Pyle finds that the trial court properly held that a mother's request to relocate to another state would not serve the child's best interests but failed to consider all relevant factors in granting the father physical custody. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: January 11, 2024, Case #: 23A-JP-688, Categories: Family Law
J. Weissmann finds that defendant was improperly convicted of drug possession because evidence did not indicate that the substance in defendant's possession was marijuana. However, defendant was properly convicted of dealing methamphetamine, and the lesser included crime of possession should not have been entered as a separate conviction. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: January 9, 2024, Case #: 23A-CR-1442, Categories: Drug Offender, Evidence
J. Altice finds that the trial court should have enforced arbitration as requested by a contractor in construction claims brought in Wisconsin because the contractor did not waive the right to demand such in an Indiana lawsuit, which, in turn, should be paused pending the outcome of the prior-filed Wisconsin action. Reversed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 27, 2023, Case #: 23A-PL-654, Categories: Arbitration, Civil Procedure, Contract
J. Bradford finds that the trial court improperly ruled in a divorce action by denying the wife's attempt to enter a prenuptial agreement into evidence and including property subject to that agreement in dividing assets since the decision resulted in the husband enjoying an unjustified windfall. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: December 19, 2023, Case #: 23A-DC-193, Categories: Evidence, Family Law