Indiana Court of Appeals

Ex-coach’s defamation claim against Noblesville Schools continues

November 2, 2016
Jennifer Nelson
The common interest privilege does not protect an Indiana high school from a defamation claim brought by its former boys basketball coach based on an altered press released the school sent out after an incident during practice in 2014, the Indiana Court of Appeals ruled Wednesday.
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COA denies correction of sentencing order in dismissal

November 2, 2016
Jennifer Nelson
Because the plain language of Indiana Trial Rule 41(B) states that a dismissal operates as an adjudication upon the merits, the Indiana Court of Appeals found there is no need to remand a man’s case to correct his sentencing order as he claimed.
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COA considers jury trial in State Fair stage collapse suit against ESG Security

November 2, 2016
Olivia Covington
Five years after severe weather brought the stage of the Indiana State Fair grandstand to the ground, killing seven people and injuring dozens of others, the final defendant in the ensuing litigation is asking that summary judgment in its favor be upheld.
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COA panel takes oral arguments to Notre Dame

November 1, 2016
IL Staff
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
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COA: Mentally disabled man belongs in work release, not prison

October 31, 2016
Olivia Covington
A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were  mitigating factors in his sentencing.
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COA: Police lawfully entered home; battery conviction upheld

October 31, 2016
Olivia Covington
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana  Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
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COA awards custody to father, orders assets redivided

October 28, 2016
Olivia Covington
After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.
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COA affirms woman’s involuntary commitment despite moot appeal

October 27, 2016
Olivia Covington
Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.
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Vaidik re-elected chief judge of Court of Appeals

October 26, 2016
IL Staff
Indiana Court of Appeals Chief Judge Nancy Vaidik will serve another three-year term leading the court beginning Jan. 1 after the court’s 15 judges re-elected her Wednesday.
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COA will not allow specialized driving privileges for man with 27 traffic violations

October 26, 2016
Olivia Covington
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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Appeals court rules that DCS employee can proceed with caseload claims

October 25, 2016
Olivia Covington
An employee of the Department of Child Services can continue in her complaint that alleges violations of the state-mandated caseload maximums despite a ruling that the employee has no private right of action under Indiana Code.
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COA reaffirms decision in church breach of contract case

October 25, 2016
Olivia Covington
The Indiana Court of Appeals granted a church’s petition to rehear its breach of contract case and reaffirmed its previous ruling that the church had failed to carry out the terms of the lease in question.
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COA dismisses car-crash claim for lack of jurisdiction

October 20, 2016
Dave Stafford
A lawsuit filed after a car crash on Interstate 65 allegedly caused by an intoxicated driver was dismissed by the Indiana Court of Appeals Thursday, which ruled it lacked jurisdiction in a case the trial court appeared to dismiss after an appeal was filed.
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COA finds victim credible, affirms rape, theft convictions

October 19, 2016
Olivia Covington
After entering a Marion County family’s home with a gun, raping the mother and robbing the family of valuable possessions, the man convicted in the case cannot have his multiple convictions overturned after the Indiana Court of Appeals decided Wednesday that the mother’s testimony was not incredibly dubious.
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Dissenting COA judge seeks to double molester’s sentence

October 19, 2016
Dave Stafford
A dissenting Indiana Court of Appeals judge Wednesday said he would use the court’s authority to double the sentence of a man ordered to serve four years in the Indiana Department of Correction for his conviction of two counts of Class C child molesting.
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COA dismisses divorce appeal for untimeliness

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has dismissed an appeal of an order dissolving a LaPorte County couple’s marriage after finding that the appeal was not filed within the correct timeframe.
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Barnes & Thornburg malpractice suit prompts judge’s warning

October 19, 2016
Dave Stafford
Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.
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COA: Illinois sex offender must register in Indiana

October 19, 2016
Olivia Covington
An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.
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COA allows juvenile expungement despite pending charge

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
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COA prevents INDOT from seeking more than $100k in damages after bridge accident

October 18, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.
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COA: Court should have given inmate more time to pay fee

October 17, 2016
Olivia Covington
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
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Stepfather’s molestation convictions affirmed

October 14, 2016
Olivia Covington
A former stepfather accused of molesting his 6-year-old stepdaughter on multiple occasions cannot have his convictions or sentenced reduced after the Indiana Court of Appeals found Friday that there was enough evidence to support his 32-year sentence.
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COA upholds judgment against ex-husband accused of violating protective order

October 14, 2016
Olivia Covington
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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