Indiana Court of Appeals

COA dismisses divorce appeal for untimeliness

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has dismissed an appeal of an order dissolving a LaPorte County couple’s marriage after finding that the appeal was not filed within the correct timeframe.
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Barnes & Thornburg malpractice suit prompts judge’s warning

October 19, 2016
Dave Stafford
Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.
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COA: Illinois sex offender must register in Indiana

October 19, 2016
Olivia Covington
An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.
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COA allows juvenile expungement despite pending charge

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
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COA prevents INDOT from seeking more than $100k in damages after bridge accident

October 18, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.
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COA: Court should have given inmate more time to pay fee

October 17, 2016
Olivia Covington
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
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Stepfather’s molestation convictions affirmed

October 14, 2016
Olivia Covington
A former stepfather accused of molesting his 6-year-old stepdaughter on multiple occasions cannot have his convictions or sentenced reduced after the Indiana Court of Appeals found Friday that there was enough evidence to support his 32-year sentence.
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COA upholds judgment against ex-husband accused of violating protective order

October 14, 2016
Olivia Covington
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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Appeals panel affirms murder conviction, sentence

October 13, 2016
Dave Stafford
An Indianapolis man who objected to his murder trial being scheduled later than permissible under the speedy trial rule failed to persuade the Indiana Court of Appeals to reverse his murder conviction.
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Divided COA tosses $2M DUI crash verdict over old convictions

October 13, 2016
Dave Stafford
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
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COA: Hotel did not conspire to commit theft from guests' room

October 12, 2016
Olivia Covington
The Indiana Court of Appeals decided Wednesday that an Evansville hotel cannot be considered negligent after its employees allowed a man into a guest room without the guests’ permission, resulting in the theft of the guests’ personal property.
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COA maintains that belatedly filed records result in dismissal

October 11, 2016
Olivia Covington
The Indiana Court of Appeals has reversed an Allen Superior Court decision after finding that the trial court erred when it did not dismiss a case despite the fact that the record was not filed in a timely manner.
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COA orders better findings of fact in parental rights case

October 6, 2016
Olivia Covington
The Indiana Court of Appeals rejected Thursday a trial court order terminating a St. Joseph County woman’s parental rights to her daughter and instead ordered the trial court to present more specific findings of fact to support the termination.
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ISBA poll shows strong support for COA judges’ retention

October 5, 2016
IL Staff
A recently completed poll of Indiana State Bar Association members shows strong support for the four Indiana Court of Appeals judges seeking retention in the Nov. 8 general election.
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COA upholds denial of motion to strike expert medical testimony in malpractice suit

October 4, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Tuesday a trial court’s decision to deny a motion to strike expert witness testimony after finding that a man could present certain evidence to prove medical malpractice against his now-deceased wife’s former physician.
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Man who attacked officers not insane during incident

September 30, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he was insane when he charged at, bit and spit at officers while he was in jail, but that his behavior was a result of his drug withdrawal.
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Posey County man’s convictions for rape, confinement of woman affirmed

September 30, 2016
Jennifer Nelson
The past drug use of the woman who was held against her will for nearly two months and repeatedly raped was not relevant to the criminal trial of the man who abducted her, the Indiana Court of Appeals ruled Friday.
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Hot dog vendor who stabbed man in head loses appeal

September 30, 2016
Dave StaffordMore

Charge under wrong part of statute reverses conviction

September 30, 2016
Dave Stafford
A man’s conviction of attempted obstruction of justice was reversed Friday by the Indiana Court of Appeals because the state charged him under the wrong part of the statute.
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COA rejects ex-teacher’s appeal for lighter sentence for seduction of student

September 29, 2016
Olivia Covington
A former Indiana teacher and coach convicted of child seduction with a student cannot have his sentence reduced after the Indiana Court of Appeals decided Wednesday that his character and the nature of his offense do not warrant a lighter sentence.
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COA finds electrician can sue companies after mesothelioma diagnosis

September 28, 2016
Olivia Covington
The Indiana Court of Appeals held Wednesday that an electrician can sue the companies where he previously worked as an independent contractor for negligence and liability after he was exposed to asbestos.
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COA says attempted murder is not an exception to voluntary intoxication statute

September 28, 2016
Olivia Covington
The Indiana Court of Appeals found Wednesday that a man cannot have his attempted murder charge overturned because he was drunk at the time of the incident, writing that voluntary intoxication does not negate the specific intent to kill requirement of an attempted murder charge.
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COA finds no evidence of severe mental illness to prohibit pro se proceedings

September 28, 2016
Olivia Covington
A woman’s convictions for possession of controlled substances and operating a vehicle while intoxicated will stand after the Indiana Court of Appeals found Wednesday that she did not suffer from a severe mental illness that should have precluded her from proceeding pro se.
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COA rules that negligent hiring claim against Pizza Hut can proceed

September 27, 2016
Olivia Covington
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  4. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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