Indiana Court of Appeals
State 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.”
MoreCOA denies Miranda rights appeal in drunken driving case
March 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled
to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated
at the time.
MoreCourt of Appeals to hear arguments in Valparaiso
March 24, 2011
IL StaffThe Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
MoreCOA: State didn't meet burden for probation revocation
March 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not
satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment
and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
MoreCOA upholds convictions of man who planned to kill attorney, judge, ex-wife
March 22, 2011
Jenny MontgomeryThe Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney,
and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the
conviction.
MoreJudges reverse dismissal of workers' compensation claim
March 21, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition
testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition
stemmed from a single incident.
MoreCOA to hear arguments in LaPorte
March 21, 2011
IL StaffThe Indiana Court of Appeals travels to LaPorte High School Tuesday to hear arguments in an insurance case.
MoreJustices accept post-conviction relief case
March 21, 2011
Jennifer NelsonThe Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate
counsel.
MoreAppeal questions 'enrollment,' self-supporting standards for emancipation
March 18, 2011
Michael HoskinsIn tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what
state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in
this case to come to its decision.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
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.