Indiana Court of Appeals

City not liable for injury caused by pothole

July 16, 2015
Marilyn Odendahl
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
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Bungled recording does not violate constitutional rights

July 15, 2015
Marilyn Odendahl
An Anderson man’s argument that his due process rights were violated by law enforcement’s failure to record the audio from two interviews with his daughters did not convince the Indiana Court of Appeals.
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Fort Wayne hospital loses Medicaid payment appeal

July 14, 2015
Dave Stafford
Parkview Hospital in Fort Wayne was not wrongly denied $27 million in Medicaid payments it sought from the state when it failed to properly and timely document the claims, the Indiana Court of Appeals affirmed Tuesday.
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COA affirms judgment against Hammond in towns’ sewer suit

July 13, 2015
Dave Stafford
Hammond’s sanitary district had no statutory authority to cancel wastewater treatment contracts with the neighboring Lake County towns of Griffith, Highland and Whiting, the Indiana Court of Appeals ruled Monday, affirming the trial court in a split opinion.
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Searches without suspicion are not unconstitutional, COA affirms

July 10, 2015
Marilyn Odendahl
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
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Tardy defendant gets a do-over from the COA

July 9, 2015
Marilyn Odendahl
A homeowner who arrived at the courthouse nine minutes after a judgment was entered against him will still get to have his day in court.
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COA finds lease payments are part of Trust

July 8, 2015
Marilyn Odendahl
Siblings trading motions over their deceased father’s estate got multiple denials from the trial court.
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COA: Declaratory judgment wrongly denied in malpractice case

July 8, 2015
Dave Stafford
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
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Indiana law applies to truck fatality, COA rules

July 8, 2015
Marilyn Odendahl
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
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Lender in foreclosure gets tax refund, COA rules in reversal

July 8, 2015
Dave Stafford
A $307,193 property tax refund received by owners of industrial property in Marion County was wrongly awarded to borrowers who had defaulted on a mortgage on the property, the Indiana Court of Appeals ruled Wednesday.
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Adoption reversed: Putative father wrongly denied genetic testing

July 8, 2015
Dave Stafford
A child born to a married couple who placed the newborn for adoption may have had a different father, and a trial court erred in denying his requests for genetic testing that could have given him standing to contest the adoption, the Court of Appeals ruled Wednesday.
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GPS search after fatal crash unconstitutional, COA holds

July 7, 2015
Dave Stafford
The warrantless search of a driver's global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.
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COA affirms habitual offender enhancement

July 7, 2015
Dave Stafford
A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.
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Despite rebuke, Court of Appeals tosses default judgment

July 6, 2015
Marilyn Odendahl
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
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Appeals court reverses denial of Fortville annexation

July 2, 2015
Dave Stafford
The town of Fortville’s effort to annex more than 600 acres was wrongly blocked by a trial court, the Indiana Court of Appeals ruled Thursday, sending the matter back for further proceedings.
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Divided justices deny State Fair stage collapse appeal

July 1, 2015
Dave Stafford
Victims who contested a settlement after the 2011 Indiana State Fair stage collapse failed to persuade a majority of Indiana Supreme Court justices to hear their appeal.
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COA upholds attorney’s criminal trespass conviction

July 1, 2015
Marilyn Odendahl

An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."

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Privilege defense splits Court of Appeals

June 30, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found the privilege granted to store owners and employees in making claims to police does have limits.
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Homeowners meet criteria for adverse possession of disputed property

June 30, 2015
Marilyn Odendahl
A church that challenged those who, it believed, trespassed failed to convince the Indiana Supreme Court that a disputed strip of land was actually part of its property.
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Split COA panel affirms day care couple’s manslaughter convictions

June 30, 2015
Dave Stafford
A couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care failed to convince the Indiana Court of Appeals that they should get new trials.
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Appeals panel affirms partial summary judgment in foreclosure suit

June 30, 2015
Dave Stafford
The Indiana Court Appeals affirmed partial summary judgment granted in a mortgage foreclosure suit, rebuffing a creditor's interlocutory appeal seeking summary judgment to foreclose the mortgage.
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Former JA chief loses defamation appeal against attorney

June 30, 2015
Dave Stafford
The former president and CEO of Junior Achievement of Indiana lost a defamation appeal against an Indianapolis attorney Tuesday. The Indiana Supreme Court ruled the complaint was time-barred.
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Habitual offender changes not retroactive, COA holds

June 30, 2015
Dave Stafford
In affirming an Indianapolis man's conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state's habitual offender statute enacted a year ago are not retroactive.
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‘Rushing’ door sufficient for burglary conviction

June 30, 2015
Dave Stafford
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
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Legislative and judicial history settles feud over estate

June 29, 2015
Marilyn Odendahl
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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