Indiana Court of Appeals
Divided court affirms sentence that exceeds statutory authority
October 9, 2012
Dave StaffordA man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the
term, a divided Court of Appeals ruled Tuesday.
MoreAppeals court affirms rejection of HOA ‘abusive junk fee’
October 5, 2012
Dave StaffordA Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals
on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive
junk fee.”
MoreDefendant’s argument should be made to rules committee
October 3, 2012
Jennifer NelsonIn affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana
Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence
Rules Review Committee.
MoreJudges find no misconduct by hospital
October 3, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following
a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel
did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case
– prior to trial.
MoreFraternity pledge loses appeal involving alleged hazing incident
October 2, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity
in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy
Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
MoreTrial court should not have admitted statement to detective
October 2, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a
defendant made to a police detective.
MoreCOA rejects arguments Batson should extend to juror age
October 2, 2012
Jennifer NelsonA trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans
from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
MoreClay County man entitled to discharge because of ruling delays
October 1, 2012
Jennifer NelsonThe Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he
was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
MoreTrial court correctly revoked man’s probation in 5 cases
September 28, 2012
Jennifer NelsonA Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering
that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
MoreCOA orders jury trial on animal cruelty charges
September 28, 2012
Jennifer NelsonAn Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did
not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
MoreCourt video pilot project will last through 2013
September 27, 2012
Jennifer NelsonThe pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial
courts as the official court record will run through Dec. 31, 2013.
MoreAdmission of the videotaped confession constitutes fundamental error
September 25, 2012
Marilyn OdendahlThe true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony,
was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence
the juvenile’s videotaped confession.
MoreCourt affirms protective order without evidentiary hearing
September 25, 2012
Dave StaffordA Shelby County man’s protective order against a neighbor is valid even though the trial court didn’t hold an
evidentiary hearing or honor the neighbor’s request for a continuance, the Court of Appeals ruled Tuesday.
MoreCourt affirms mobile meth lab conviction, sentence arising from car search
September 25, 2012
Dave StaffordA man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday
by the Indiana Court of Appeals.
MoreHospital has no claim against insurer in Tennessee judgment
September 24, 2012
Dave StaffordA Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment
of a Tennessee court that awarded damages to the motorist.
MoreCourt of Appeals points to ‘alarming trend’ in defendant’s appeal
September 24, 2012
Marilyn OdendahlA defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp
rebuke from the Indiana Court of Appeals.
MoreStepson’s testimony, cell phone search invalidate stepdad’s drug conviction
September 24, 2012
Dave StaffordA man’s conviction on a drug dealing conspiracy charge was reversed Monday when an appeals court panel ruled that a
Marion County court erred in admitting testimony and evidence about text messages from the defendant’s stepson.
MoreAppeals court reverses vacation of habitual traffic violator status
September 24, 2012
Dave StaffordA trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic
violator, the Indiana Court of Appeals ruled Monday.
MoreQuestion over spirit in which statements were made is enough for jury to deliberate
September 21, 2012
Marilyn OdendahlA defamation suit against an employee will proceed following the Indiana Court of Appeals' finding that there is doubt as
to what conclusion a jury could reach in determining whether statements were made in good faith and without malice.
MoreAnkle bracelet excuse fails in court
September 21, 2012
Marilyn OdendahlA sex offender cannot use an ankle monitor as an excuse for failing to update his address on the sex offender registry, the
Indiana Court of Appeals ruled.
MoreCourt of Appeals affirms extension of protective order
September 21, 2012
Marilyn OdendahlAsserting it cannot reweigh evidence, the Indiana Court of Appeals rejected a father’s arguments that the evidence did
not support the extension of a protective order against him.
MoreMan to get new trial on meth, marijuana charges
September 20, 2012
Jennifer NelsonAn Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously
honor” his right to remain silent.
MoreUnderinsurance benefit payout doesn’t satisfy judgment
September 20, 2012
Jennifer NelsonThe Indiana Court of Appeals held that the party at-fault in an auto accident is not entitled to benefit from the injured
party’s “carefulness and assiduousness” in obtaining underinsured motorist insurance coverage.
MoreCourt reduces $1.4M judgment in dispute over work done at Honda plant
September 19, 2012
Jennifer NelsonThe Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth
of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor
regarding work on the Indiana Honda plant.
MoreAppellate court upholds life sentence
September 19, 2012
Jennifer NelsonDuane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals
rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...