Indiana Court of Appeals

COA holds that arbitration exclusion applies to State Farm case

December 27, 2016
Olivia Covington
The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.
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Summary judgment in favor of New Castle prison employees reversed

December 27, 2016
Olivia Covington
An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.
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COA: Stage collapses not foreseeable as a matter of law

December 27, 2016
Olivia Covington
The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.
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Delinquency adjudication upheld for student who planned a school shooting

December 22, 2016
Olivia Covington
A Jackson County teenager who plotted a school shooting with a classmate will retain his delinquency adjudication after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion in admitting Facebook conversations detailing the shooting plans.
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COA reverses termination of parental rights, finds DCS exhibited ‘troubling behavior’

December 21, 2016
Olivia Covington
The Indiana Court of Appeals reversed Wednesday a decision terminating a mother and father’s parental relationships with their son, writing that the Department of Child Services had exhibited an “extraordinarily troubling pattern of behavior.”
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Man remains on sex offender list, but residency restrictions not applicable

December 21, 2016
Olivia Covington
A Dearborn County man will have to keep his name on the Indiana Sex Offender Registry for the rest of his life but will not face certain residency restrictions after the Indiana Court of Appeals affirmed in part the denial of his petition for relief.
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Search of man’s mouth ruled unconstitutional

December 21, 2016
Marilyn Odendahl
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
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COA affirms ruling for lender in Shelbyville low-income housing dispute

December 21, 2016
Dave Stafford
A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.
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COA upholds battery conviction for altercation outside bar

December 20, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s battery conviction Tuesday after finding that he failed to prove any abuse of the Delaware Circuit Court’s discretion.
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Justices remand post-conviction case to COA

December 19, 2016
IL Staff
A man’s post-conviction relief case dismissed by the Court of Appeals was remanded by the Indiana Supreme Court, which found an appendix was timely filed.
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COA affirms ex-wife’s murder conviction, sentence

December 16, 2016
Olivia Covington
The Indiana Court of Appeals affirmed the conviction of a woman who shot and killed her ex-husband in 2014, finding that her claims of self-defense against domestic abuse were unsubstantiated.
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COA rejects Duke’s claims against proposed Franklin traffic expansion

December 16, 2016
Olivia Covington
Duke Energy of Indiana cannot prevent the city of Franklin from expanding an east-side intersection, the Indiana Court of Appeals found Friday, allowing the city to move forward with a project designed to beautify the State Road 44 corridor off of Interstate 65.
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COA: Case for relief against INDOT may continue

December 16, 2016
Olivia Covington
The Indiana Court of Appeals allowed a local government entity to continue seeking relief against the Indiana Department of Transportation Friday, holding that the local unit of government had standing to seek both injunctive and declaratory relief.
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Order for parents to pay grad school costs reversed

December 14, 2016
Dave Stafford
Parents who were ordered in a divorce decree to pay their child's costs of graduate school won’t have to after the Indiana Court of Appeals ruled the trial court abused its discretion in so ordering.
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COA keeps man’s name on sex offender registry

December 13, 2016
Olivia Covington
A man who has been convicted of multiple sex offenses must keep his name on the Indiana Sex Offender Registry for now after the Indiana Court of Appeals found Tuesday that he had failed to present a proper petition to keep his name off of the registry.
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COA: Man’s sex-offender probation conditions 'overly broad'

December 12, 2016
Olivia Covington
Although a Boone County man waived his right to object to the delay of the imposition of the sex-offender conditions of his probation, the Indiana Court of Appeals found Monday that a handful of those convictions were erroneously imposed.
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Adams Co. judge not required to recuse himself from case involving former client

December 12, 2016
Olivia Covington
An Adams County judge who presided over a case in which the defendant was his former legal client was not required to recuse himself, the Indiana Court of Appeals found Monday.
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Child molester’s failure to register conviction vacated

December 12, 2016
Olivia Covington
A convicted child molester will not also have a conviction of failure to register as a sex offender after the Indiana Court of Appeals found Monday that his arrest was premature.
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COA: Felon’s right to bear arms was not reinstated

December 9, 2016
Olivia Covington
A trial court judge’s statement that he was not going to prevent a convicted felon from possessing a firearm at his post-conviction hearing is not the equivalent of the reinstatement of the man’s right to bear arms, the Indiana Court of Appeals found Friday.
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COA affirms mom’s convictions targeting stepmom

December 9, 2016
Olivia Covington
The Indiana Court of Appeals affirmed a mother’s intimidation convictions Friday, writing that her children’s stepmother had lawful custody of the children, so the mother’s threats against the woman constituted intimidation based on a prior lawful act.
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COA reaffirms decision imposing sanctions on mental health service provider

December 9, 2016
Olivia Covington
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
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4 Indiana cities seek dismissal of LGBT protections suit

December 8, 2016
 Associated Press, IL Staff
Four Indiana cities have asked the Indiana Court of Appeals to overrule a judge’s ruling allowing conservative groups to go ahead with a lawsuit challenging anti-discrimination ordinances.
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COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016
Olivia Covington
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
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Court abused discretion in letting public defender withdraw appearance

December 8, 2016
Olivia Covington
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
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COA holds public trust rights rule along lakeshore

December 7, 2016
Olivia Covington
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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