Indiana Court of Appeals
COA: Driving to avoid potholes isn’t enough to stop car
April 24, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did
not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road
conditions.
MoreWomen Lawyers Association to honor Rush, female jurists
April 24, 2013
IL StaffThe Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second
female justice, during a reception next month.
MoreCOA says argument over wording of robbery statute is issue of first impression
April 23, 2013
Marilyn OdendahlAn argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did
not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
MoreAdmission of violation is too little to revoke probation
April 23, 2013
Marilyn OdendahlA Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary
hearing, the Indiana Court of Appeals has ruled.
MoreCourt of Appeals rethinks previous opinion on traffic stops
April 23, 2013
Marilyn OdendahlCiting several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line
or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
MoreTrial court should have booted the bloody shoe, but conviction stands
April 22, 2013
Marilyn OdendahlThe Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence,
but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.
MoreSelf-defense claim of man who killed 2 fails on appeal
April 19, 2013
Dave StaffordAn Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana
Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
MoreAppeals court overturns suppression of evidence gathered in search
April 19, 2013
Dave StaffordA special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that
led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
MoreMother, wife could consent to search of home for meth
April 18, 2013
Jennifer NelsonA man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s
disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.
MoreCourt orders more proceedings on laborer’s pay
April 18, 2013
Jennifer NelsonThe Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed
he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
MoreCOA reduces $125k judgment against company to $200 in fines
April 18, 2013
Jennifer NelsonFinding that a liability administrative law judge erred in determining that a company that previously operated a call center
in Fishers owed more than $125,000 in unemployment insurance contributions, interest and penalties for a year when the company
had no Indiana employees, the Indiana Court of Appeals reversed.
MoreJudges affirm restitution order, sentence following deadly crash
April 15, 2013
Jennifer NelsonA man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring
the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
MoreCourt reverses hotel’s cybersquatting conviction
April 15, 2013
Jennifer NelsonA dispute over who could use the designation “Visit Michigan City LaPorte” led to a legal battle between LaPorte
County’s visitors bureau and an area hotel-resort, with the trial court ruling in favor of the visitors bureau. But
the Indiana Court of Appeals reversed Monday, ruling the bureau didn’t prove it held a valid and protectable trademark.
MorePolice Merit Commission may discipline former assistant chief
April 12, 2013
Jennifer NelsonA former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s
Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes,
only the mayor could discipline police chiefs or assistant chiefs.
MoreContractor wins on appeal of $14.5M damages award for defamation
April 11, 2013
Jennifer NelsonState Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation
claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
MoreState Farm must pay contractor $14.5M for defamation
April 11, 2013
IL StaffThe Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding
the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards
in U.S. history, according to the court.
MoreElectric cooperative owed no duty to injured contractor
April 10, 2013
Jennifer NelsonAn independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative
was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
MoreCOA affirms father’s convictions stemming from daughter’s injuries
April 10, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding
the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
MoreCOA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
MoreDisfigurement sufficient to affirm aggravated battery conviction
April 9, 2013
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence
enhancement the perpetrator received.
MoreMalpractice ruling for hospital remanded to trial court
April 9, 2013
Dave StaffordThe apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse
practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital
summary judgment on the issue.
MoreMexican restaurant owner's $3 million bond reversed, remanded
April 8, 2013
Dave StaffordThe owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after
the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
MoreTaking unauthorized courses online gets displaced worker booted from TAA program
April 8, 2013
Marilyn OdendahlA displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment
Assistance training program, the Indiana Court of Appeals has ruled.
MoreAppeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence
enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana
Court of Appeals held Monday.
MoreEndorsement clause makes insurance policy ambiguous
April 8, 2013
Marilyn OdendahlDescribing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved
the summary judgment granted by the trial court.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
Court Calendar
-
May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
-
June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
-
June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
-
June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
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.