Indiana Court of Appeals
Fewer filings, newer trends
December 8, 2010
Michael HoskinsThe number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million
filings still amounted to the second-highest number ever for Indiana.
MoreCOA: student loan funds exempt from garnishment
December 7, 2010
Rebecca BerfangerThe Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it
came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees
the defendant owed to the plaintiff.
MoreCourt reverses because of DCS notification policy
December 7, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both
the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying
him of CHINS proceedings that ultimately led to his paternal rights being taken away.
MoreJudges uphold denying visitation to ex-partner
December 7, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with
third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow
parents and third parties to circumvent the requirements of the Adoption Act.
MoreSale to trust creates first impression
December 6, 2010
Jennifer NelsonA sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression
for the Indiana Court of Appeals Monday.
MoreCourt splits on duty owed by independent contractor
December 6, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an
“impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was
injured.
MoreSocial-services recipients entitled to injunctive relief
December 3, 2010
Jennifer NelsonThe Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t
name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana
Court of Appeals ruled Friday.
MoreCOA: Man’s intoxication doesn’t prevent recovery
December 3, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that
an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
MoreCourt orders attorney’s fees following bad faith appeal
December 2, 2010
Jennifer NelsonThe Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third
amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to
the estate.
MoreJudges: Officers lacked reasonable suspicion to stop and detain man
December 1, 2010
Jennifer NelsonBecause a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court
of Appeals reversed his drug conviction today.
MoreRule inapplicable as witness’s credibility not attacked
December 1, 2010
Jennifer NelsonThe Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s
prior robbery because the defendant wasn’t attacking the brother’s credibility.
MoreAppellate court upholds enforcing settlement agreement
November 30, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement,
finding the parties agreed to the essential terms resolving the issues between them.
MoreCOA: admitting teen's confession was a fundamental error
November 29, 2010
Jennifer NelsonAn Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t
infringe upon meaningful consultation when a juvenile is involved.
MoreOpinion regarding insurance company considers definition of ‘ever’
November 24, 2010
Rebecca BerfangerAn Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever”
on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled,
or non-renewed.”
MoreCourt didn't err in ordering cash bond
November 24, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected
to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide
the standard of review in this type of challenge.
MoreCourt tosses use of contempt as way to order debt payment
November 23, 2010
Michael HoskinsThe Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce
civil judgment payments violates the Indiana Constitution.
MoreCourt erred in admitting child's videotaped statement
November 23, 2010
Jennifer NelsonA trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the
child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting
convictions.
MoreJudges reverse support modification for lack of jurisdiction
November 22, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because
jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely
troubling.”
MoreAppellate court affirms judgment in coverage dispute
November 22, 2010
Jennifer NelsonIndiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed
insurance contract, the Indiana Court of Appeals held today.
MoreJustices take sex offender case
November 22, 2010
IL StaffThe Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender
for life.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreJudges uphold OWI conviction
November 19, 2010
Jennifer NelsonThe Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s
actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were
impaired in order to get a conviction of operating a vehicle while intoxicated.
MoreChief’s recusal results in split Supreme Court
November 18, 2010
Michael HoskinsThe same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated
the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall
T. Shepard.
MoreAppellate court finds garage insurance policy doesn’t cover injuries
November 18, 2010
Jennifer NelsonFor only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld
partial summary judgment in favor of the insurer.
MoreCOA reverses ruling in right of contribution case
November 17, 2010
Jennifer NelsonThe Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for
failing to contribute to guarantee payments.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
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.