Indiana Court of Appeals
Appellate judges to go to Rochester, Upland for arguments
April 15, 2011
IL StaffOn Tuesday, two panels of Indiana Court of Appeals judges will travel north to hear arguments.
MoreCourt splits on standard used to modify custody
April 14, 2011
Jennifer NelsonEven though the trial court departed from established statutory procedures by using the “best interests” standard
to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
MoreJudges discuss fundamental error, ineffective trial counsel assistance
April 14, 2011
Jennifer NelsonFundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions,
the Indiana Court of Appeals concluded Thursday in a post-conviction case.
MoreCOA: Attorney entitled to lien on former client's file
April 13, 2011
Jennifer NelsonAn attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid
retaining lien, ruled the Indiana Court of Appeals.
MoreJudges affirm retroactive application of amendments to blood draw statute
April 13, 2011
Jennifer NelsonApplying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009
with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana
Court of Appeals held Wednesday.
MoreJudges to hear sex-offender registration appeal in Franklin
April 13, 2011
IL StaffA panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal
of a man who’s charged with not registering as a sex offender.
MoreJudges disagree on whether landowners are 'aggrieved'
April 12, 2011
Michael HoskinsJurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party
is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
MoreCourt addresses forgery statute on electronic credit card purchases
April 12, 2011
Michael HoskinsUsing someone else’s credit card and electronically signing that person’s name is considered “uttering”
a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
MoreState responsible for costs in relocating Medicaid patients
April 11, 2011
Jennifer NelsonIndiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid
in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana
Court of Appeals ruled Monday.
MoreCOA: personal injury action should be allowed to proceed
April 8, 2011
Jennifer NelsonThe Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to
substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day
time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreJudges affirm denial of post-conviction relief
April 6, 2011
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance
of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and
the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana
Evidence Rule.
MoreState won't immediately appeal IBM 'deliberative processes' ruling
April 6, 2011
Michael HoskinsAt least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision
that held a “deliberative process” privilege exists in Indiana.
MoreCOA reverses judgment in title insurance issue
April 4, 2011
Jennifer NelsonThe Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s
highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
MoreCOA to hear appeal at University of Southern Indiana
April 1, 2011
IL StaffThe Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
MoreJudges: defendant should be able to confront witness
March 31, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding
the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
MoreCourt: DNR case can proceed despite 11-year delay
March 31, 2011
Michael HoskinsThe Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state
Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s
of great public importance and should be decided on the merits.
MoreCourt: 'ingress' and 'egress' doesn't include parking
March 30, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that
the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents
had argued based on past caselaw.
MoreCOA to hear appeal in stalking case at IU-South Bend
March 30, 2011
IL StaffThe Indiana Court of Appeals will hear oral arguments Thursday at Indiana University – South Bend.
MoreCOA accepts appeal on Camm prosecutor
March 30, 2011
Michael HoskinsThe Indiana Court of Appeals has accepted an interlocutory appeal addressing whether a southern Indiana prosecutor should
be able to stay on the third triple-murder trial of former Indiana State Police trooper David Camm
MoreAppellate court affirms arbitration on claims against college
March 29, 2011
Michael HoskinsWith one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s
advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim
that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
MoreJustices: Belated appeals rule doesn’t apply to probation revocations
March 29, 2011
Michael HoskinsThe Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding
that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t
apply to probation revocations.
MoreCOA: Township not required to pay for private school shuttle
March 28, 2011
Jennifer NelsonA school township in Marion County isn’t legally required to transport nonpublic school students to their private schools,
the Indiana Court of Appeals affirmed.
MoreCOA cites double jeopardy clause in reversal of conviction
March 25, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not
have been convicted of two Class C felonies, citing double jeopardy standards.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
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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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...