Indiana Court of Appeals

Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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COA: Lack of release advisement was harmless error

May 13, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
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Judges say order for DCS interviews with children should not have happened

May 12, 2016
Scott Roberts
The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.
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Recorded conversation, conviction are admissible evidence, COA holds

May 12, 2016
Scott Roberts
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
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COA upholds denial of post-conviction relief petition

May 12, 2016
Scott Roberts
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
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COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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COA: Child’s name can be changed

May 11, 2016
Scott Roberts
A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.
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COA upholds charges in robbery, assault case

May 10, 2016
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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COA: Defense lawyer’s ‘questionable’ conduct not reversible error

May 6, 2016
Dave Stafford
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.
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Split COA reinstates suit of pedestrian hit by deputy’s vehicle

May 6, 2016
Dave Stafford
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
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Appellate courts host free bicentennial CLE program

May 6, 2016
IL Staff
The Indiana Supreme Court and Indiana Court of Appeals will host a free one-hour continuing legal education program from 3 to 4 p.m. Thursday, May 19 in the Supreme Court Courtroom.
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Appeals court reverses its decision on partition fences

May 5, 2016
Scott Roberts
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
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COA: Sentence appropriate for officer involved in deadly accident

May 5, 2016
Scott RobertsMore

Attorney must pay parking ticket, nothing more, court holds

May 4, 2016
Scott Roberts
The Indiana Court of Appeals ruled that an attorney who was given a $20 parking ticket that ended up costing him $150 in late fees only needs to pay his ticket. The attorney sought $2,500 in damages and fees over the incident.
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Appellate court affirms denial of man’s insanity defense

May 4, 2016
Scott Roberts
The Indiana Court of Appeals affirmed Wednesday the denial of a man’s insanity defense after he was found guilty of two counts of attempted murder.
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COA affirms murder weapon should be destroyed

May 4, 2016
Scott Roberts
The Indiana Court of Appeals affirmed denial of man’s request to give the weapon he used for murder back to his mother.
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COA: Firm entitled to investigatory expenses

May 4, 2016
Scott Roberts
A firm who represented an indigent man’s murder case pro bono is entitled to the costs of the investigation of his defense, the Court of Appeals ruled, even though the man pleaded guilty.
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Undocumented immigrant issues left unanswered

May 4, 2016
Scott Roberts
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
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COA reverses, remands unemployment eligibility ruling

April 29, 2016
Dave Stafford

Whether a worker voluntarily left employment must be determined by the review board of the Department of Workforce Development, the Indiana Court of Appeals ruled Friday, remanding the board’s finding that the worker was eligible for unemployment benefits.

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COA: Court order couldn’t disqualify attorney on future cases

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals declined to decide whether a trial court erred in concluding an ex-city attorney violated the Rules of Professional Conduct when he acted as the lawyer for a defendant in a suit brought by the city.
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COA clarifies confusion around judicial admissions

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
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Judges cite past domestic violence convictions in affirming sentence

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld an Ohio man’s 180-day jail sentence for misdemeanor battery against his ex-wife, noting he showed no remorse regarding two previous domestic violence-related convictions.
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Court divided over failure to identify conviction

April 28, 2016
Jennifer Nelson
Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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