Indiana Court of Appeals

Teen’s adjudications overturned based on unlawful search

March 11, 2015
Jennifer Nelson
An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.
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Canine sniff not allowed, but convictions still upheld

March 11, 2015
Jennifer Nelson
Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.
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Couple’s gun collection incorrectly classified as ‘household goods’

March 11, 2015
Jennifer Nelson
The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”
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Landowners may be on hook for contamination caused by tenants

March 11, 2015
Dave Stafford
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
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Court reverses denial of termination of parental rights due to possible conflict

March 10, 2015
Dave Stafford
A trial court erred when it denied a mother’s consensual termination of parental rights petition against the father due to concerns of a potential risk of conflict of interest involving the mother’s legal counsel.
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Court wrongly denied expungement of dismissed conviction

March 10, 2015
Dave Stafford
A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.
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Appeals panel affirms East Chicago library board must repay insurance premiums

March 9, 2015
Dave Stafford
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
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COA upholds $10,000 fine for failure to cooperate with discovery

March 9, 2015
Marilyn Odendahl
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
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Failure to conduct indigency hearing results in remand

March 6, 2015
Dave Stafford
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
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20-year sentence for $60 drug deal reduced as excessive

March 6, 2015
Dave Stafford
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
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State appeals ruling blocking fenced hunting preserve rules

March 6, 2015
 Associated Press
The Indiana attorney general's office is appealing a court ruling that state wildlife officials overstepped their authority in trying to shut down Indiana’s high-fenced deer-hunting preserves.
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Court affirms $100,000 in attorney fees to bank for defending groundless claim

March 5, 2015
Jennifer Nelson
A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.
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Judges tweak offender’s amount of credit time awarded

March 4, 2015
Jennifer Nelson
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
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Ex-IMPD officer’s convictions upheld in 2010 fatal accident

March 4, 2015
Jennifer Nelson
Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.
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COA finds man justly fired for violating sexual harassment policy

March 3, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man's claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer's sexual harassment policy.
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Man, not state, had priority in breeder’s award proceeds

March 3, 2015
Jennifer Nelson
A Marshall County trial court erred when it granted summary judgment in favor of the Indiana Department of Revenue on a man’s attempt to collect breeder’s award proceeds owed to another man who had outstanding tax warrants.
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COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

March 2, 2015
Jennifer Nelson
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
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Woman may pursue negligence claim against pharmacist

March 2, 2015
Jennifer Nelson
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
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Applications open to replace Friedlander on Court of Appeals

March 2, 2015
Dave Stafford
Qualified applicants interested in being considered for a pending vacancy on the Indiana Court of Appeals may apply online through April 27.
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Wife wins appeal of division of marital estate

February 27, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.
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Search of home of man in community corrections based on reasonable suspicion

February 27, 2015
Jennifer Nelson
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.
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Because enhancement vacatur altered sentence, COA vacates plea agreement

February 27, 2015
Jennifer Nelson
Because removing a defendant’s habitual offender enhancement altered the sentence the parties had bargained for, the Indiana Court of Appeals ordered the trial court to vacate the entire plea agreement.
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Treatment facility sufficiently showed man was a danger to others

February 26, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s 90-day involuntary commitment in a mental health facility because the treatment facility presented sufficient evidence that the man posed a substantial risk of harming others and was therefore dangerous.
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Ex-Chandler commission member’s lawsuit continues after COA ruling

February 26, 2015
Jennifer Nelson
The member of a town’s advisory plan commission who was appointed to a four-year term, then unanimously recalled, will be allowed to go forward with his lawsuit stemming from his removal, the Indiana Court of Appeals ruled.
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Grant of judicial review following license suspension reversed

February 26, 2015
Jennifer Nelson
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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