Indiana Court of Appeals
Trial court erred in land survey dispute
August 30, 2012
Jennifer NelsonAlthough a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did
err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
MoreMining company an insured under contractor’s policy
August 30, 2012
Jennifer NelsonThe mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance
policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
MoreJudges order new trial due to counsel’s deficient performance
August 29, 2012
Jennifer NelsonA Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana
Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
MoreDenial of summary judgment upheld over questions of car ownership
August 29, 2012
Jennifer NelsonThe insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to
whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son
hit a bicyclist.
MoreMedical malpractice caps challenged in Indiana, fall elsewhere
August 29, 2012
Dave StaffordMedical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if
the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
MoreCourt of Appeals finds 2006 statute does apply to 2001 violation
August 28, 2012
Marilyn OdendahlThe Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision
to convict him of committing a sex offender residency offense.
MoreCOA affirms its reversal of trial court in land-use case
August 28, 2012
Dave StaffordProperty owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before
the Indiana Court of Appeals.
MoreIn environmental suit, court properly vacated ruling for Bloomington dry cleaner
August 28, 2012
Dave StaffordA Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment
in the businessman’s favor.
MoreStudent’s delinquency adjudication involving in-school incident reversed
August 28, 2012
Dave StaffordA Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held
the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
MoreCourt of Appeals finds insurer’s intent is not clear in policy language
August 28, 2012
Marilyn OdendahlFinding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s
entry of summary judgment for an insurance company.
MoreInmate loses challenge to law ending certain educational funding
August 28, 2012
Jennifer NelsonThe 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted
felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional
rights, the Indiana Court of Appeals ruled.
MoreMan’s convictions affirmed, but court orders record set straight
August 28, 2012
Dave StaffordAn Indianapolis man lost his criminal appeal Tuesday, but the Indiana Court of Appeals ordered the trial court to correct
an abstract of judgment that incorrectly recorded a felony conviction.
MoreAppeals court affirms order for expert witness to indemnify past employer
August 28, 2012
Dave StaffordAn expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer
must do so, the Indiana Court of Appeals ruled Tuesday.
MoreCOA finds petitioner failed to show trial counsel was ineffective
August 27, 2012
Marilyn OdendahlIn affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed
to carry his burden in claiming that his attorney was ineffective.
MoreCourt affirms judgment with minor recalculation in decade-long dispute
August 27, 2012
Dave StaffordThe Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former
mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on
the restaurant’s earnings.
MoreAppeals court reverses decision for lessee of contaminated industrial building
August 27, 2012
Dave StaffordA company that leased a building with environmental contamination was improperly granted summary judgment over the environmental
issues and claims of breach of contract, the Court of Appeals ruled Monday.
MoreJudges order new robbery trial
August 27, 2012
Jennifer NelsonBecause a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations
began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.
MoreMan unable to prevent settlement agreement
August 27, 2012
Jennifer NelsonThe man who wanted to purchase a divorcing couple’s farm lacked a present interest in the real estate and couldn’t
prevent a settlement agreement between the couple, which led to the husband keeping the farm, the Indiana Court of Appeals
held.
MoreJudges disagree over use of summary judgment to pierce corporate veil
August 23, 2012
Jennifer NelsonOne Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a
collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate
veil on summary judgment.
MoreBunch freed after 16 years in prison
August 23, 2012
IL StaffKristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from
prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered
a new trial on the murder charge.
MoreAlternate juror’s comment doesn’t entitle man to new trial
August 22, 2012
Jennifer NelsonA trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the
judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.
MoreFather’s confession shouldn’t have been admitted at trial
August 22, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his
confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
MoreCourt addresses use of epidemiological evidence in med mal cases
August 22, 2012
Jennifer NelsonThe Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence
by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of
evidence could never be admitted in a medical malpractice case.
MorePyle to join Court of Appeals Aug. 27
August 22, 2012
Jennifer NelsonThe Indiana Court of Appeals announced Tuesday that its newest judge, Rudolph Pyle III, will take the oath of office in a
private ceremony Aug. 27.
MoreState moves forward with IBM appeal
August 21, 2012
Dave StaffordAttorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52
million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.