Indiana Court of Appeals
Former auditor wins appeal on attorney fee issue
March 18, 2011
Michael HoskinsThe Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental
attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate
court.
MoreCourt of Appeals to hear arguments at ISU
March 18, 2011
IL StaffThe Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of
Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.
MoreCourt rules on early retirement benefits case
March 17, 2011
Michael HoskinsEmployees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance,
the Indiana Court of Appeals ruled today.
MoreJudges split on whether 2 insurers must pay for damage
March 15, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible
for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of
the responsible party’s insurers had to pay for the property damage.
MoreHigh court takes 4 cases
March 15, 2011
IL StaffThe Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert
exemptions in garnishment actions on behalf of pro se debtors.
MoreJudges affirm insurer has no duty to defend
March 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion
of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
MoreAppeals court to hear arguments at Indy high school
March 14, 2011
IL StaffThe Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a
man appeals his drug dealing conviction.
MoreTrial court should decide educational credit time
March 11, 2011
Jennifer NelsonA trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing
is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
MoreCOA: Admission of prior convictions fundamental error
March 9, 2011
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior
conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been
admitted at trial.
MoreCOA reverses marijuana conviction based on intent
March 8, 2011
Rebecca BerfangerThe majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant
contended there was insufficient evidence that she constructively possessed the drug.
MoreJudges visit Jeffersonville for arguments
March 7, 2011
IL StaffThe Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
MoreJudges uphold IATC’s issuance of alcohol dealer permits
March 3, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to
injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner
it has for the last 30 years.
MorePorter County can't leave RDA
March 2, 2011
Jennifer NelsonA northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate
economic development, the Indiana Court of Appeals held Wednesday.
MoreCompetitor lacks standing for judicial review
March 2, 2011
Jennifer NelsonA trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance
of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
MoreChange sought for 3rd murder trial
March 2, 2011
Michael HoskinsDefense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court
to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over
the man’s third trial.
MoreCOA adopts common-sense rule on providing insurance policies
March 1, 2011
Michael HoskinsThe Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in
requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
MoreFirst impression case tackles wetlands issue
February 28, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table
on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded
from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
MoreDefense attorney's arranged drug buy illegal
February 28, 2011
Jennifer NelsonThe Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt
to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same
legal footing” as prosecutors or police in planning controlled buys.
MoreHigh court takes 4 cases
February 28, 2011
IL StaffThe Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on
the day they granted transfer.
MoreCOA orders a new child support order
February 25, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he
didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under
one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
MoreCourt divided on purchase agreement termination
February 24, 2011
Jennifer NelsonThe judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund
a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
MoreCOA: Summons should notify of risk of default judgment
February 24, 2011
Jennifer NelsonDue process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or
otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution,
ruling it was void because the summons served on the wife was insufficient.
MoreJudges analyze 'use' of body armor for first time
February 24, 2011
Jennifer NelsonThe Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s
appeal of his convictions following his attempt to flee from police.
MoreCOA divided on noncompete agreement, injunction
February 23, 2011
Jennifer NelsonEven though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority
of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found
the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
MoreCOA discusses vouching testimony in child molesting trials
February 22, 2011
Jennifer NelsonThe Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions
Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
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Interesting that the new laws in criminal code all involve voter fraud
I'm getting divorced and we have prenuptial and judge said it stands even though he made me sign it 2 days before wedding then I be c ame ill and left with nothing butbills
No irony here, John. Conour’s clients are wise to him. Evidently you’ve missed discovery that disclosed Conour was aware he was caught with his hand in the cookie jar, actually many cookie jars, but continued to spend any monies he secured on himself and his lifestyle. Your theory is idealistic and assumes Conour has the soul of a good attorney and therefore he would take care of his clients. Conour has no soul. He greedily took awarded settlements from his disabled clients and spent it on his own edacious desires. You are naïve to think if he kept working he would put his fees into a restitution fund. He is who he is and has proven he will use any means to cheat and manipulate those who trust him and the judicial system that is supposed to protect them. Sorry John, you don’t send the fox back into the hen house after he’s caught devouring the hens. Conour can’t be trusted. He has no more honor than that fox.
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