Indiana Court of Appeals
Appellate 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.
MoreCOA splits on need for evidentiary hearing in revocation
April 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions
to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
MoreCredit-time statute amendment not retroactive
April 27, 2011
Jennifer NelsonAn amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs
is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals
concluded Wednesday.
MoreCOA affirms transfer penalty for nursing home resident
April 26, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman
was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.
MoreJudges address 'public utility' questions
April 25, 2011
Michael HoskinsIn a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s
petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort
of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
MoreCOA rules botched burial does not entitle relatives to award
April 25, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
MoreSocial Security income shouldn't be considered in restitution orders
April 21, 2011
Jennifer NelsonDealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded
when considering a defendant’s ability to pay restitution.
MoreKissing a sleeping victim doesn't constitute sexual battery
April 20, 2011
Jennifer NelsonA victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute,
the Indiana Court of Appeals held Wednesday.
MoreJustices dismiss appeal
April 20, 2011
IL StaffThe Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties
have reached a mediated settlement.
MoreCOA to hear arguments at Ivy Tech campuses
April 19, 2011
IL StaffThe Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery
case.
MoreJudge argues state must prove actual endangerment
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with
Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the
possibility of it.
MoreCourt of Appeals dismisses Bren Simon's appeal
April 18, 2011
IBJ StaffThe Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that
removed her as interim trustee of her late husband’s $2 billion estate.
MoreCOA upholds convictions in Indianapolis Hamilton Ave. murders
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement
in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
MoreJustices accept ordinance case
April 18, 2011
IL StaffThe Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right
to control, regulate, and sell water is actually invalid.
MoreAppellate 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.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!