308 results for 'court:"Indiana Court Of Appeals"'.
J. Tavitas finds that the lower court properly declined to suppress evidence that defendant's phone had been tracked to his cousin's home in his trial for murder, theft, criminal confinement, and carrying a handgun without a license, because the evidence had not included statements defendant made over the phone. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: November 9, 2023, Case #: 22A-CR-2615, Categories: Evidence, Murder
J. Tavitas finds that the lower court properly allowed text messages to be admitted in defendant's murder and robbery trial because the messages concerned the planning and intent of the robbery. Meanwhile, evidence did not indicate that the victim was armed with a gun or that the killing was done in self-defense. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: November 2, 2023, Case #: 22A-CR-2993, Categories: Evidence, Murder, Self Defense
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J. Altice finds that the trial court properly determined child support owed by a father in a divorce action because support guidelines did not allow the father to offset weekly payments by the amount of disability benefits his daughter receives. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: October 31, 2023, Case #: 23A-DC-1384, Categories: Family Law
J. Bradford finds that the trial court improperly awarded a property owner damages for loss of access to a nearby road following construction of a roundabout because the city had already acquired the rights to the road in question. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: October 30, 2023, Case #: 22A-PL-2399, Categories: Property
J. Kenworthy finds that the trial court properly ruled in quiet title claims because evidence indicates that the eldest son of a 92-year-old property owner who suffers dementia threatened to stop caring for her if she failed to sign the deed to her house over to him, as the property owner actually wished to split the estate equally among her children.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: October 30, 2023, Case #: 22A-PL-2522, Categories: Property, Fiduciary Duty
J. Tavitas finds that defendant was properly convicted of murder because evidence indicates defendant provided two cohorts the location to commit a robbery, provided them a bat and bandana, and helped them cover up evidence. Meanwhile, since defendant knew violence might occur and he provided the bat, the felony murder doctrine applied. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: October 30, 2023, Case #: 22A-CR-2104, Categories: Evidence, Murder
J. Riley finds that the trial court improperly ruled in a divorce action. Under the parties' settlement agreement, the husband did not have to disclose cryptocurrency transactions, and those assets are not subject to division. In addition, the husband failed to demonstrate he is entitled to attorney fees. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: October 27, 2023, Case #: 22A-DR-2685, Categories: Family Law, Settlements, Attorney Fees
J. May finds that defendant was properly convicted of murder because defendant's contention that he only shot at and killed the victim while suffering a seizure was not supported by evidence indicating defendant knowingly committed the acts. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: October 26, 2023, Case #: 22A-CR-01241, Categories: Evidence, Murder
J. Crone finds that the trial court improperly held that personal injury claims were barred by Indiana's firefighter's rule because evidence remains in dispute as to whether the business that leased the building at issue owed a duty to warn a firefighter about a gap in the wall near a stairwell. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: October 24, 2023, Case #: 23A-CT-945, Categories: Negligence
J. Kenworthy finds that defendant was properly convicted of murder and attempted murder because evidence indicates defendant participated in the murder and shooting of two individuals, and the admission of text message evidence did not render the trial unfair. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: October 23, 2023, Case #: 22A-CR-2679, Categories: Evidence, Murder
J. Riley finds that the trial court properly ruled in contract and construction claims because evidence does not indicate the subcontract prohibited recoverable damages for construction delays, and the work implicated in unjust enrichment claims had not been part of the relevant agreement. In addition, evidence does not indicate plaintiff attempted to hold defendant liable for the contractor's obligations. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: October 16, 2023, Case #: 23A-PL-633, Categories: Construction, Damages, Contract
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. Altice finds that defendant was properly convicted of neglect leading to a catastrophic injury after his girlfriend's baby died following hematomas, retinal hemorrhaging, and five fractured ribs. That the jury's reasons for acquitting defendant of battery remain unclear does not require setting aside the neglect conviction, and evidence indicates the baby was "perfectly fine" after being looked after by another babysitter. Meanwhile, the baby had been heard making a loud whimpering sound while being cared for by defendant in another room. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice , Filed On: October 11, 2023, Case #: 22A-CR-3022, Categories: Evidence, Battery, Child Victims