Indiana Court of Appeals
Inmate loses appeal of visitation restrictions by DOC
September 19, 2012
Jennifer NelsonAn inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing
battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.
MoreMalpractice complaint hinges on claim of apparent agency
September 19, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary
judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional
Hospital.
MoreJudges find evidence properly admitted in drug case
September 19, 2012
Jennifer NelsonNorth Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out
that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police
believed the man being sought lived at Carpenter’s residence.
MoreJudges advise defense attorneys to ask clients about citizenship
September 14, 2012
Jennifer NelsonThe Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense
attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading
guilty.
MoreAttorney general’s office will now represent DCS on appeal
September 13, 2012
Jennifer NelsonIndiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over
appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate
matters.
MoreProposed med mal complaint fee divides Court of Appeals
September 13, 2012
Jennifer NelsonIn a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance
before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely
filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney.
MoreState may take Greene County property for I-69 project
September 13, 2012
Jennifer NelsonThe state may take property in Greene County over the objections of the owners for construction of a portion of Interstate
69, the Indiana Court of Appeals held Thursday.
MoreMan convicted of molestation was denied fair trial
September 12, 2012
Jennifer NelsonA Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching
testimony was admitted in error, the Court of Appeals held Wednesday.
MoreStatute on car window tint not void for vagueness
September 12, 2012
Jennifer NelsonThe Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal,
so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
MoreMan’s barking dogs did not violate noise ordinance
September 12, 2012
Jennifer NelsonAn Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by
just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered
he get rid of two of his dogs.
MoreCOA rules trial court erred in suppressing blood evidence in Bisard case
September 12, 2012
Jennifer NelsonThe blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist
and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana
Court of Appeals ruled Wednesday morning on interlocutory appeal.
MoreSex offender registry listings subject of court appeals
September 12, 2012
Dave StaffordThe 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
MoreCourts tend to side with HOAs on disputes
September 12, 2012
Marilyn OdendahlNo one disputes that Country Squire Lakes Community in Jennings County has decayed from a pleasant welcoming place to live
into a mess of broken down mobile homes where there is fear of crime. They disagree if the change is radical enough to excuse
homeowners from paying dues and assessments to their homeowners association.
MoreCourt of Appeals rejects typo argument in reversing a sentence for child molestation
September 11, 2012
Marilyn OdendahlIn a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected
the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
MoreNeglect conviction, sentence in child’s death affirmed
September 11, 2012
Dave StaffordThe conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana
Court of Appeals ruled Tuesday.
MoreAppeals court reverses termination of father’s rights
September 11, 2012
Dave StaffordThe Department of Child Services failed to prove that a father’s children were removed for cause required under state
statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
MorePost-judgment interest award reversed
September 11, 2012
Dave StaffordAn award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the
Indiana Court of Appeals ruled.
MoreAppeals court upholds judgment for mortgage company
September 11, 2012
Dave StaffordA Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the
Indiana Court of Appeals.
MoreSunburned man gets no relief
September 7, 2012
Marilyn OdendahlThe Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur
in a medical malpractice lawsuit against his dermatologist.
MoreFather’s consent not necessary for adoption to proceed
September 7, 2012
Marilyn OdendahlAdoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of
Appeals has ruled.
MoreCourt correctly ruled toxicology department audit results ‘irrelevant’
September 6, 2012
Jennifer NelsonThe Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of
toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department
from 2007 to 2009, the Indiana Court of Appeals held Thursday.
MoreJudges order new trial based on prosecutor’s comments
September 6, 2012
Jennifer NelsonComments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience
store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals
ruled.
MoreJudges affirm jury instruction was not permitted under Barnes
September 5, 2012
Jennifer NelsonThe Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting
arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana
Court of Appeals held.
MoreMan’s additional charges should have been dismissed
September 5, 2012
Jennifer NelsonThe Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges
because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
MorePrevious testimony allowed in murder trial
September 4, 2012
Jennifer NelsonA witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were
correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.
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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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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...
Yikes!