Indiana Court of Appeals

COA split over whether officer had suspicion suspect was armed

June 23, 2015
Jennifer Nelson
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
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Post-conviction relief unavailable for traffic infractions

June 22, 2015
Jennifer Nelson
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
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Teen’s arrest did not violate 4th Amendment

June 22, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
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Record supports capping trustee fees at 1.5 percent

June 19, 2015
Jennifer Nelson
A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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No error in granting variance for pet boarding facility

June 18, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
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Inmate’s failure to comply with ITCA dooms lawsuit

June 18, 2015
Jennifer Nelson
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
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Court split over whether man must remain on sex offender registry

June 17, 2015
Jennifer Nelson
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.
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State failed to show defendant conspired to rob gas station

June 17, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
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COA finalists await governor's selection

June 17, 2015
Dave Stafford
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
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Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
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Reversal: IDACS error no basis to suppress meth evidence

June 12, 2015
Dave Stafford
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
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Back pain, fear for son no basis for unemployment benefits

June 12, 2015
Dave Stafford
An employee who voluntarily left employment was not wrongly denied unemployment benefits by the Indiana Department of Workforce Development, the Indiana Court of Appeals ruled Friday.
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Justices strip adoption, reinstate statute COA struck down

June 12, 2015
Dave Stafford
An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren's best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.
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Judges split over whether to reinstate jury verdict

June 11, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.
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COA finds homeowners association committed slander of title

June 11, 2015
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant's requirements when leasing their home.
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2 judges, public defender selected as COA judge finalists

June 11, 2015
Dave Stafford
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
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Nominating Commission names 3 finalists

June 10, 2015
IL Staff
The next Indiana Court of Appeals judge will be Marion Superior Judge Robert R. Altice Jr., Wabash Superior Judge Christopher M. Goff or Patricia McMath of the Marion County Public Defender Agency. They are the three finalists that the Indiana Judicial Nominating Commission selected Wednesday after holding interviews most of the day.
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COA reverses blanket exclusion for testimony of eavesdropping officers

June 10, 2015
Jennifer Nelson
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
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Wife loses appeal of custody arrangement, contempt finding

June 10, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it found a wife in contempt of the court’s preliminary order regarding parenting time and visitation and when it entered a custody arrangement not requested by the parties, the Indiana Court of Appeals ruled Wednesday.
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COA: Accomplice liability instruction is harmless error

June 10, 2015
Jennifer Nelson
Although the trial court erred in instructing the jury during a man's murder and attempted murder trial regarding accomplice liability as it applied to attempted murder, the error was harmless, the Indiana Court of Appeals held Wednesday.
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INDOT not entitled to immunity in wrongful death action

June 10, 2015
Jennifer Nelson
The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.
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COA reverses probation revocation of man unable to fully pay restitution

June 10, 2015
Jennifer Nelson
A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.
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Care facility’s petition for judicial review barred by res judicata

June 10, 2015
Jennifer Nelson
A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.
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Evidence seized from probationer’s roommate violated 4th Amendment

June 10, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday reversed the partial denial of a man's request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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