Indiana Court of Appeals

Court reduces $1.4M judgment in dispute over work done at Honda plant

September 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor regarding work on the Indiana Honda plant.
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Appellate court upholds life sentence

September 19, 2012
Jennifer Nelson
Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
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Inmate loses appeal of visitation restrictions by DOC

September 19, 2012
Jennifer Nelson
An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.
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Malpractice complaint hinges on claim of apparent agency

September 19, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional Hospital.
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Judges find evidence properly admitted in drug case

September 19, 2012
Jennifer Nelson
North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.
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Judges advise defense attorneys to ask clients about citizenship

September 14, 2012
Jennifer Nelson
The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.
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Attorney general’s office will now represent DCS on appeal

September 13, 2012
Jennifer Nelson
Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.
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Proposed med mal complaint fee divides Court of Appeals

September 13, 2012
Jennifer Nelson
In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney. 
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State may take Greene County property for I-69 project

September 13, 2012
Jennifer Nelson
The state may take property in Greene County over the objections of the owners for construction of a portion of Interstate 69, the Indiana Court of Appeals held Thursday.
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Man convicted of molestation was denied fair trial

September 12, 2012
Jennifer Nelson
A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.
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Statute on car window tint not void for vagueness

September 12, 2012
Jennifer Nelson
The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
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Man’s barking dogs did not violate noise ordinance

September 12, 2012
Jennifer Nelson
An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.
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COA rules trial court erred in suppressing blood evidence in Bisard case

September 12, 2012
Jennifer Nelson
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
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Sex offender registry listings subject of court appeals

September 12, 2012
Dave Stafford
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
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Courts tend to side with HOAs on disputes

September 12, 2012
Marilyn Odendahl
No one disputes that Country Squire Lakes Community in Jennings County has decayed from a pleasant welcoming place to live into a mess of broken down mobile homes where there is fear of crime. They disagree if the change is radical enough to excuse homeowners from paying dues and assessments to their homeowners association.
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Court of Appeals rejects typo argument in reversing a sentence for child molestation

September 11, 2012
Marilyn Odendahl
In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
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Neglect conviction, sentence in child’s death affirmed

September 11, 2012
Dave Stafford
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
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Appeals court reverses termination of father’s rights

September 11, 2012
Dave Stafford
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
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Post-judgment interest award reversed

September 11, 2012
Dave Stafford
An award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the Indiana Court of Appeals ruled.
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Appeals court upholds judgment for mortgage company

September 11, 2012
Dave Stafford
A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.
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Sunburned man gets no relief

September 7, 2012
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist. 
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Father’s consent not necessary for adoption to proceed

September 7, 2012
Marilyn Odendahl
Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.
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Court correctly ruled toxicology department audit results ‘irrelevant’

September 6, 2012
Jennifer Nelson
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
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Judges order new trial based on prosecutor’s comments

September 6, 2012
Jennifer Nelson
Comments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals ruled.
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Judges affirm jury instruction was not permitted under Barnes

September 5, 2012
Jennifer Nelson
The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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