Indiana Court of Appeals
Man’s attempts to establish paternity denied
February 27, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity
actions instituted after her husband attempted to adopt the child.
MoreCompany loses inverse condemnation claim
February 27, 2013
Jennifer NelsonThe 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to
provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse
condemnation, the Indiana Court of Appeals held Wednesday.
MoreCOA instructs trial court to vacate 2 convictions of child molestation
February 26, 2013
Marilyn OdendahlThe Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it
did not intend to charge the defendant with four separate acts of child molestation.
MoreTrial court denied due process in revoking probation
February 26, 2013
Dave StaffordA man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment
program imposed by the court will receive a new hearing.
MoreConsecutive sentences in drug buy case ruled inappropriate
February 26, 2013
Dave StaffordA man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received
an inappropriate punishment, the Court of Appeals ruled Tuesday.
MoreFelon’s convictions, multiple sentence enhancements affirmed
February 26, 2013
Dave StaffordA sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience
store and later resisted police, punched a police dog and threatened officers.
MoreTrouble with the Curves: Ex-husband still owes for franchise’s default
February 26, 2013
Dave StaffordA couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment
on rent payments for a health club that his former wife continued to run.
MoreTransferred intent instruction not error in domestic violence trial
February 25, 2013
Dave StaffordAn Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that
a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
MoreInterstate defendant denied due process in hasty sentencing trip
February 22, 2013
Dave StaffordA Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived
due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
MoreOfficer’s inclusion of victim’s statements did not violate Confrontation Clause
February 22, 2013
Marilyn OdendahlThe Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim
did not violate the defendant’s right to be confronted with the witnesses against him.
MoreChange to public intoxication statute not retroactive
February 22, 2013
Dave StaffordA woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before
her bench trial.
MoreCOA answers first impression issue on custodial statements
February 21, 2013
Jennifer NelsonA defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in
custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t
available at trial as required by Indiana Evidence Rule 617.
MoreCourt reverses DCS order requiring mother to take prescribed meds
February 20, 2013
Jennifer NelsonA mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals
Wednesday.
MoreLife sentence upheld by Court of Appeals
February 20, 2013
Jennifer NelsonA Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest
of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition
for post-conviction relief based on ineffective assistance of counsel.
MoreCOA orders hearing on man’s request to remove name from JTAC website
February 20, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and
Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges
remanded for a hearing before the trial court on David Cook’s claims.
MoreInsurance policy’s one-year limitation period voided
February 20, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation
on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies
based on Indiana statute.
MoreMan’s challenge to requirement he register as sex offender dismissed
February 20, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t
have to register as a sex offender for a 1982 rape conviction in California.
MoreMan facing deportation loses 2 appeals
February 18, 2013
Jennifer NelsonA citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals
in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty
to a crime should result in post-conviction relief.
MoreBrother’s previous threat allowed at trial
February 18, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw
hot water on the brother was properly admitted into evidence during trial.
MorePro se defendant wins reversal of restitution order
February 18, 2013
Jennifer NelsonA defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing
will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court
of Appeals ruled.
MoreWoman hit by foul ball strikes out at Court of Appeals
February 15, 2013
Jennifer NelsonA baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul
ball during a game, the Indiana Court of Appeals ruled Friday.
MoreCOA split on whether judge can order community service in lieu of fines
February 15, 2013
Jennifer NelsonTwo judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent
woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue
of imposing fees and costs.
MoreJudges rule in favor of bank on request to end trust
February 15, 2013
Jennifer NelsonA beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her
mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.
MoreRejection of garnishment request upheld
February 14, 2013
Jennifer NelsonA collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince
the Indiana Court of Appeals that the trial court had to issue the garnishment order.
MoreJudge-backed court staff attorney pilot program bill moves out of committee
February 14, 2013
Jennifer NelsonLegislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing
and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
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.