Indiana Court of Appeals
Appellate court addresses parental privilege in 2 opinions
May 31, 2011
Jennifer NelsonIn two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked”
a special education student’s tongue and against a father hit his daughter numerous times with a belt.
MoreCourt rules on public defender fee imposition
May 27, 2011
Michael HoskinsThe Indiana Court of Appeals has decided that a state statute’s indigency hearing requirement doesn’t apply when
a defendant has entered into a cash bail-bond agreement, meaning a trial court can use that bond money to pay court costs
such as the imposed public defender fee.
MoreInsurer not entitled to rescind home insurance policy
May 26, 2011
Jennifer NelsonThe failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana
Court of Appeals held in a case of first impression.
MoreCourt reverses feticide convictions on double jeopardy grounds
May 26, 2011
Jennifer NelsonThe man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide
convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
MoreIssue of fact precludes summary judgment in insurance case
May 25, 2011
Jennifer NelsonNeither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident
that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals
ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available
for the man’s regular use.
MorePanel orders lower court to enforce protective order
May 24, 2011
Michael HoskinsHighlighting a bias in state statute relating to protective orders, the Indiana Court of Appeals has held that an accuser’s
request for a civil contempt hearing against someone alleged to have violated a protective order can’t be tied to any
other criminal or civil proceedings under way or available in the future.
MoreCOA rules in favor of mother in contentious custody battle
May 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after
a joint custody arrangement between the mother and father deteriorated.
MoreCourt rules on medical malpractice excess damages issue
May 23, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest
court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after
someone enters into a settlement with the healthcare provider on that underlying claim.
MoreJustices take two cases
May 23, 2011
Jenny MontgomeryThe Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from
a convicted child molester.
MoreMother's rights at issue in COA reversal
May 20, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken
a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
MoreCOA to hear arguments in trademark case at Merrillville High School
May 20, 2011
Jenny MontgomeryThe Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State
of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel
of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case
on appeal from Huntington Circuit Court.
MoreCOA: Tractor sale contract not enforceable
May 19, 2011
Michael HoskinsThe Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal
action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
MoreHigh court rules man could be retried
May 18, 2011
Jennifer NelsonThe Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted
by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted
murder charge of another man, the Indiana Supreme Court held Wednesday.
MoreJudges split on mortgage issue
May 17, 2011
Jennifer NelsonIn a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to
whether the mortgagee on record had an enforceable right under a mortgage.
MoreCOA orders trial court to define, locate easement
May 16, 2011
Jennifer NelsonA trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because
the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled
the Indiana Court of Appeals.
MorePerry County only preferred venue for wage suit
May 12, 2011
Jennifer NelsonIn an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court
of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed
by the Commissioner of Labor under the act.
MoreCOA reverses denial of translated version of hearing
May 10, 2011
Jenny MontgomeryThe Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request
to have access to the electronic recording of her guilty plea hearing.
MoreCOA affirms remanded sentence
May 9, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction
could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other
convictions.
MoreCOA affirms perjury, misconduct convictions against children's caseworker
May 6, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the
perjury trial of an Indiana Department of Child Services caseworker.
MoreJudges order modification of dissolution decree
May 5, 2011
Jennifer NelsonThe Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in
value of a property when calculating marital assets and distributing marital property.
MoreAppellate court orders reinstatement of jury verdict
May 4, 2011
Jennifer NelsonFinding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury
verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
MoreLandlord sent itemized letter on time
May 4, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord
did deliver an itemized damages letter within statutory deadlines.
MoreFirst impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreJudges split on stalking conviction
April 29, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on
their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
MoreAppellate court to visit Wabash for arguments
April 28, 2011
IL StaffThe Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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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.