Indiana Court of Appeals
Appellate court to visit Sellersburg for arguments
February 3, 2012
IL StaffThe Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment
claims for a police officer’s private statements.
MoreExpert's voice carries weight
February 1, 2012
Michael HoskinsIndiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
MoreJustices rule on admitting testimony in crash cases
January 31, 2012
Jennifer NelsonThe Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana
Rule of Evidence 702 in two separate car accident cases.
MoreOn petition for rehearing, appellate court affirms original opinion in drug case
January 31, 2012
Jenny MontgomeryA man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original
opinion affirming the trial court.
MoreAppellate court affirms murder conviction; reverses on corpse abuse conviction
January 31, 2012
Jenny MontgomeryThe erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding
his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But
the COA affirmed his conviction of and sentence for murder.
MoreCOA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
January 31, 2012
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County
prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal,
claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
MoreCOA: Court erred in not granting request for change of judge
January 30, 2012
Jenny MontgomeryIndiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody
dispute.
MoreCOA reverses trial court in OWI case
January 30, 2012
Jenny MontgomeryThe Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence,
holding that police did not violate his rights in an unusual traffic stop.
MoreDriver's appeal based on misinterpretation of previous COA decision
January 30, 2012
Jenny MontgomeryA woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior
case in support of her appeal.
MoreTort Claims Act does not grant immunity for reckless conduct
January 27, 2012
Jenny MontgomeryThe Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise
reasonable care while driving.
MoreAppellate court orders new trial in child molesting case
January 27, 2012
Jenny MontgomeryA man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
MoreAppellate court upholds denial of palliative care
January 26, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify
what treatment he believes he needs.
MoreJudges uphold convictions for attempted trafficking with an inmate
January 25, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking
with an inmate violates the proportionality clause of the Indiana Constitution.
MoreCOA: Judge didn't err in rejecting master commissioner's sentence
January 25, 2012
Jennifer NelsonThe Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence
of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter
a final judgment on the sentence.
MoreCOA webcasts to resume Wednesday
January 24, 2012
Jennifer NelsonAfter being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast
again beginning Jan. 25.
MoreCOA: sentence waiver is valid
January 24, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of
appeal, finding that she waived the right to challenge her sentence in a direct appeal.
MoreJudges reverse award of attorney fees
January 24, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall,
finding there were no valid legal conclusions justifying the award.
MoreCOA reverses guilty plea to Class A felony child molesting
January 24, 2012
Jennifer NelsonBecause a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also
pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
MoreJustices: patient fund not entitled to set-off
January 20, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund
to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award
to account for the 20 percent chance the man would have died even without the doctor’s negligence.
MoreAppellate court affirms juvenile committed theft, burglary
January 20, 2012
Jennifer NelsonThere was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed
by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a
license and ordered that the juvenile court correct its dispositional order.
MoreCOA: arbitration provision null and void
January 20, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit
filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel
found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void
on grounds of impossibility.
MoreJudges reverse denial of motion to suppress
January 20, 2012
Jennifer NelsonThe Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving
a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged
him with forgery because his name on the sheet didn’t match what he provided to his employer.
MoreCOA clarifies ruling in negligent hiring lawsuit
January 18, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment
against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the
lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t
appeal the original ruling.
MoreCourt splits over motion for discharge ruling
January 18, 2012
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing
with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether
a defendant can file a pro se motion for a speedy trial.
MoreDarden winds down his appellate career
January 18, 2012
Michael HoskinsThe Indiana Court of Appeals judge will retire in July when he turns 75.
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Court Calendar
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February 8, 2012 Jack Messer v. New Albany Police Dept. - 2/8/12
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February 9, 2012 Mary E. Santelli v. Abu M. Rahmatullah, et al. - 2/9/12
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February 15, 2012 City of Evansville v. United States Fidelity & Guaranty Co. - 2/15/12
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February 15, 2012 Sharon K. Wilson v. Heritage House Convalescent Center -2/15/12
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I've been a republican my whole life but to me this is despicable. Its a race to the bottom with the third world when it comes to trying to fetch manufacturing back by lowering wages. Only fools think that is going to really work. You can see that in the southern states they can't hold on to jobs any better than we can up here.
Much praise to Pat Bauer and the democrats and, most of all, to the the nine BOLD AND WISE republicans who voted and fought against this.
Yup, in Marion County we surely do have the best justice money can buy.
If Republican slating fees are $12,000 they've been lowered. They as of very recently was $25,000.
Indiana law does not require law enforcement agencies to remove "police blotter" records, nor does it require Court Clerks to remove their records. Limiting expungements in this way renders them useless, since many private firms check local and county records for employers. The result is the crime will be discovered, and the applicant rejected. Expungement means just that, and should be required of all criminal justice agencies.
Hope everything turned out okay. My father was wrongfully convicted and sentenced to 65 yrs in jail in Indiana and after serving 17 yrs, the other co-defendants finally came forward and confessed he was not there. The court exonerated him, but left the conviction on his record. And of course, Indiana can lock you up on a wrongful conviction, but want pay you a dime for you time. Laws need to change, period!! My dad has since passed, but I trying to make it better.