Indiana Court of Appeals

Appellate court affirms reinstatement of father’s license

July 26, 2012
Jennifer Nelson
The Indiana Court of Appeals split Thursday over whether a father who was more than $100,000 behind in child support should be allowed to have his driving privileges reinstated.
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Attorney not entitled to prejudgment interest

July 26, 2012
Jennifer Nelson
A southern Indiana lawyer who entered into an agreement with another attorney to handle some of his cases due to his suspension from practice is not entitled to prejudgment interest on his portion of a client fee, the Indiana Court of Appeals held.
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Darden retires, announces McKinney scholarship

July 25, 2012
Dave Stafford
Court of Appeals Judge Carr L. Darden will establish a scholarship in the name of himself and his wife of 57 years at his alma mater, the Indiana University McKinney School of Law in Indianapolis. The judge and other officials announced the scholarship Wednesday during his Statehouse retirement ceremony.
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Judge: consider corroborative evidence in certain molestation cases

July 25, 2012
Jennifer Nelson
Indiana Court of Appeals Judge John Baker thinks it’s time that corroborative evidence be required in child molestation cases in which the charges are supported by the testimony of a single witness.
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School bus drivers can’t sue school corporation for collusion

July 25, 2012
Jennifer Nelson
The lawsuit for collusion brought by 13 North Gibson School Corporation bus drivers against the school corporation as a result of bids for a transportation services contract failed on interlocutory appeal before the Indiana Court of Appeals.
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Court rules for Indianapolis Housing Agency in suit brought by ex-employee

July 24, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the Indianapolis Housing Agency, finding the agency had a qualified privilege to report an employee’s suspected criminal conduct while on the job.
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Court upholds probation revocation

July 20, 2012
Jennifer Nelson
All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.
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Judges affirm 65-year murder sentence

July 20, 2012
Jennifer Nelson
Nothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce his murder sentence, the appellate judges ruled Friday.
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Darden retirement ceremony July 25

July 20, 2012
IL Staff
The Indiana Court of Appeals will celebrate Judge Carr Darden’s 18 years of service at a retirement ceremony July 25. Darden is leaving the court because will turn 75 Saturday, the age of mandatory retirement. He will continue to serve as a senior judge.
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COA upholds molester’s sentence, registration requirement

July 19, 2012
Jennifer Nelson
The trial court order that a Vigo County man convicted of child molesting must register as a sexually violent predator did not violate the ex post facto clause of the Indiana Constitution, the Court of Appeals ruled.
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Judges send teen’s emotional distress case back to trial court

July 19, 2012
Jennifer Nelson
The Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese will have his claim for damages for intentional infliction of emotional distress against the coroner and city heard by the trial court.
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Tests not required to disprove arrestee intoxication

July 18, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.
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COA affirms rulings for Sellersburg in annexation case

July 18, 2012
Jennifer Nelson
The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.
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Judges send insurance case back to trial court

July 18, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
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Clark County man waived right to appeal

July 17, 2012
Jennifer Nelson
A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.
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Judges rule in favor of state in contract dispute

July 17, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court judgment against the state in a lawsuit filed by a subcontractor working on an airport project in Gary, holding the lower court erroneously determined the state had breached a contract between it and the subcontractor.
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Sex offender’s home ownership doesn’t impact residency restriction

July 17, 2012
Jennifer Nelson
A convicted sex offender who argued that a probation condition prohibiting him from living within 1,000 feet of a school is unduly restrictive on his property interest in a home he owns lost his appeal before the Indiana Court of Appeals.
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COA upholds child exploitation convictions

July 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the state presented sufficient evidence to support a Marion County man’s five convictions of child exploitation.
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Court launches 2012 retention site

July 17, 2012
IL Staff
The Indiana Supreme Court’s Division of State Court Administration has designed a retention website for voters to learn about the six appellate judges up for retention this November.
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Appeals court affirms tax sale notice statute unconstitutional

July 16, 2012
Dave Stafford
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
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In-court marijuana field test ruled error, but not reversible

July 16, 2012
Dave Stafford
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
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Appeals court upholds rape conviction

July 13, 2012
Dave Stafford
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
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Divided appeals court affirms summary judgment for community action program

July 13, 2012
Dave Stafford
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
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Court reverses ruling in Plymouth church insurer's suit against contractors

July 13, 2012
Dave Stafford
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
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Man who killed girlfriend may be retried for reckless homicide

July 12, 2012
Jennifer Nelson
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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