Indiana Court of Appeals

Contempt affirmed for man suspected of drunken driving

March 31, 2014
Dave Stafford
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
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Official misconduct statute focus of Hardy appeal

March 31, 2014
Dave Stafford
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
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COA tackles 2 issues of first impression

March 28, 2014
Jennifer Nelson
The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.
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Judges split over ruling in failed adoption case

March 28, 2014
Jennifer Nelson
A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
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COA voids custody order in favor of father

March 28, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.
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Judges to hear misconduct case against former IURC chairman Monday

March 28, 2014
Jennifer Nelson
A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.
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Judges dismiss man’s appeal of protection order extension

March 27, 2014
Jennifer Nelson
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
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Judges reverse speeding infraction due to lack of proof

March 26, 2014
Jennifer Nelson
A driver pulled over in Clark County for speeding was able to convince the Indiana Court of Appeals Wednesday that the infraction should be reversed because the state couldn’t prove its case.
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Court: Man never raised defense to attempted robbery

March 26, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.
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Court of Appeals changes from minority to majority approach in construction contract dispute

March 26, 2014
Marilyn Odendahl
A fire during a renovation project that devastated a southern Indiana courthouse ignited a dispute between the county and the contractor that persuaded the Indiana Court of Appeals to reverse course and adopt a new approach to interpreting construction contracts.
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Vehicle forfeiture order affirmed despite state’s yearlong delay

March 25, 2014
Dave Stafford
A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.
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COA voids rehabilitation maintenance ordered after divorce

March 25, 2014
Dave Stafford
An ex-wife was not entitled to rehabilitation maintenance from her former husband that was approved after the dissolution of their marriage, a panel of the Indiana Court of Appeals ruled Tuesday.
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Appeals court vacates lesser drug conviction as double jeopardy

March 25, 2014
Dave Stafford
A Paoli man convicted of multiple drug offenses had a lesser conviction vacated Tuesday by the Indiana Court of Appeals. The court let stand other convictions for which he was sentenced to an aggregate 16 years in prison.
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Public intoxication conviction tossed for lack of proof of endangerment

March 24, 2014
Dave Stafford
A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.
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Purdue loses appeal bid to shield discrimination, harassment report

March 24, 2014
Dave Stafford
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
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Agency collecting credit card debt not a creditor, COA rules

March 21, 2014
Marilyn Odendahl
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
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Judges reverse felony enhancement for handgun possession

March 20, 2014
Jennifer Nelson
Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.
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Complaint for unpaid car loan filed outside of statute of limitations

March 20, 2014
Jennifer Nelson
Because a company seeking to recover unpaid installments on a car loan filed its complaint outside of the four-year statute of limitations, the Indiana Court of Appeals affirmed the small claims judgment in favor of the car buyer.
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Father’s appeal dismissed as untimely

March 19, 2014
Jennifer Nelson
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
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Judges reduce rapist’s sentence to 165 years

March 19, 2014
Jennifer Nelson

The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.

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Judges uphold revocation of counselor’s license

March 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.
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Judge believes caselaw has ‘unintended consequences’ for residents, law enforcement

March 18, 2014
Jennifer Nelson
In a divided opinion in which the Indiana Court of Appeals affirmed a man’s resisting law enforcement finding and probation revocation, Judge Paul Mathias worried that relying on certain caselaw would have “unintended consequences” for Hoosiers and police officers.
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Mother loses appeal of CHINS finding

March 18, 2014
Jennifer Nelson

The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.

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Robb honored by Indiana Commission for Women

March 17, 2014
IL Staff
Indiana Court of Appeals Judge Margret Robb was among those honored recently with a Torchbearer Award from the Indiana Commission for Women.
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Insurance policy does not fall under Pre-Need Act

March 14, 2014
Jennifer Nelson
A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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