29 results for 'judge:"Tavitas"'.
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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
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. Tavitas finds that the trial court improperly ruled in child services claims because evidence indicates the mother continued to abuse and neglect the child. Meanwhile, the department of child services failed to demonstrate nothing else could have been done to protect the child from the harmful environment. Reversed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: September 27, 2023, Case #: 23A-JC-1120, Categories: Family Law
J. Tavitas finds that the trial court properly ruled in foreclosure claims concerning a mechanic's lien. A party who had interest in the related property was not initially part of the proceedings, and defendant company failed to comply with a court order regarding control over the property. Thus, the added party was entitled to relief from judgment, and the trial court properly set aside the order. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: June 19, 2023, Case #: 22A-PL-2724, Categories: Civil Procedure, Property
J. Tavitas finds that the trial court properly ruled in a dissolution of marriage by weighing all the evidence in determining the father had been awarded fair parenting time and that his 401k account should be included in the martial estate. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: May 26, 2023, Case #: 22A-DC-1972, Categories: Family Law
J. Tavitas finds that the trial court properly dismissed false claims and whistleblower allegations contending law firms conspired with an employee of the state treasurer to award contracts not authorized under state law. However, while the court lacked jurisdiction to hear the case, the action should have been dismissed without prejudice. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: May 12, 2023, Case #: 22A-PL-2760, Categories: Jurisdiction, False Claims, Whistleblowers