Indiana Court of Appeals
Judges reaffirm reversal of truck forfeiture in pirated movies case
April 1, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t
have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor
of Michael Curtis.
MoreCOA budget request delays Appeals on Wheels webcasts
March 28, 2013
Dave StaffordA modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling
Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
MoreMother not denied due process by not having appointed counsel in CHINS case
March 28, 2013
Jennifer NelsonWhile disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child
in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld
the termination of mother J.A.’s parental rights to her son G.P.
MoreAppeals court tackles sex offender use of social media
March 27, 2013
Jennifer NelsonTwo months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain
social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s
First Amendment rights.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MoreCourt erred in striking state’s response as untimely
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s
response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant
the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
MoreCOA reverses vacation of grandparent visitation
March 27, 2013
Jennifer NelsonEven though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred
in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to
the grandmother’s lack of standing were waived when they failed to appeal the original order.
MoreRenovation project raises questions on public bidding
March 27, 2013
Marilyn OdendahlContractors claim in lawsuit that a school corporation's financing method circumvented the law.
MorePolice following drug package wire into home unconstitutional, COA rules
March 26, 2013
Dave StaffordPolice violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track
the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
MoreProspective juror’s criticism of lawyer OK in verdict for hospital
March 25, 2013
Dave StaffordWhen a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money,
that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial,
the Court of Appeals ruled Monday.
MoreCOA affirms changing boy’s last name
March 21, 2013
Jennifer NelsonThe mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in
granting his father’s petition to change the boy’s surname to his last name.
MoreCedar Lake allowed to dissolve Parks Department, board
March 21, 2013
Jennifer NelsonA Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal
authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry
is based on the state’s Home Rule Act.
MoreJudges rule against commissioners in eminent domain dispute
March 21, 2013
Jennifer NelsonIn a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana
Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case”
when the term “legal error” should be used.
MoreJudges dismiss state’s appeal regarding juvenile delinquency petition
March 20, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision
to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.
MoreNursing student loses appeal of dismissal from Purdue
March 19, 2013
Jennifer NelsonA nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday
that the university and officials violated her due process rights and breached a contract with her when they dismissed her
from the program due to behavioral difficulties.
MoreDespite constitutional concerns, judicial nomination bill advances
March 18, 2013
Dave StaffordProposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House
floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
MoreCOA affirms Pennsylvania proper forum for complaint
March 18, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification
in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
MoreEvidence shows stabbing by inmate wasn’t in self defense
March 15, 2013
Jennifer NelsonA Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the
Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was
in self defense.
MoreJudges affirm reduction of subrogation lien
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one
couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to
pay the full amount of the couple’s claim following a car accident.
MoreMan’s statement on drug allowed at trial
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s
statement to police that he had marijuana in his car.
MoreMan must reinstate original complaints for lawsuits to proceed
March 14, 2013
Jennifer NelsonThe Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new
lawsuit in Marion County after a similar one was dismissed without prejudice.
MoreCOA affirms angry ex-boyfriend’s battery convictions
March 14, 2013
Jennifer NelsonA northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of
a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s
car with his.
MoreIs COA opinion on threat to judge a threat to rights?
March 13, 2013
Dave StaffordAdvocates say imprisoned blogger's ruling out of the Indiana Court of Appeals imperils the First Amendment.
MoreCourt affirms reduction of support ordered in another state
March 11, 2013
Dave StaffordA court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday
by the Indiana Court of Appeals.
MoreSeparate notice argument not enough to vacate small claims judgment
March 8, 2013
Marilyn OdendahlA business’s argument that it should have been served with a separate notice of a small claims action was rejected by
the Indiana Court of Appeals Friday.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
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.