Indiana Court of Appeals

Mother’s battery on teen not protected by parental privilege

May 13, 2015
Jennifer Nelson
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
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Teen’s rights not violated by search of sweatshirt

May 13, 2015
Jennifer Nelson
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
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Justices order hearing on whether to temporarily admit out-of-state lawyers

May 13, 2015
Jennifer Nelson
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
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Man not entitled to separate molestation trials, justices hold

May 13, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday rejected a man's argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
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Justices reverse CHINS finding, noting father coerced to admit adjudication

May 13, 2015
Jennifer Nelson
Because a Marion Superior Court judge's remarks and conduct in their cumulative effect breached the court's duty of impartiality and amounted to coercion of a 17-year-old girl's father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
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Wife of Indiana judge charged with sending him threats

May 13, 2015
 Associated Press
The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.
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Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015
Jennifer Nelson
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate's instant complaint is time-barred and not saved by the Journey's Account Statute, the COA held.
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Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015
Jennifer Nelson
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
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Woman’s lien takes priority in property sold at tax sale

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
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PCR court erred in determining woman violated probation

May 11, 2015
Jennifer Nelson
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
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Indiana, not Canada, has jurisdiction over child custody dispute

May 11, 2015
Jennifer Nelson
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
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Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules

May 11, 2015
Jennifer Nelson
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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Convictions upheld for man who battered girlfriend, relative at family reunion

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
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Auto theft conviction of man who did not return rental car upheld

May 7, 2015
Jennifer Nelson
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
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Website domain dispute pulled from justices’ calendar

May 5, 2015
Dave Stafford
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
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COA orders judgment in favor of woman on adverse possession claim

April 30, 2015
Jennifer Nelson
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
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Court OKs admission of tweets, reverses criminal gang activity conviction

April 30, 2015
Jennifer Nelson
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant's girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
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Man’s conviction from controlled drug buy upheld

April 30, 2015
Jennifer Nelson
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
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COA orders woman’s sentence revised to include credit time

April 30, 2015
Jennifer Nelson
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
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Revised sentence modification statute not applicable in defendant’s case

April 30, 2015
Jennifer Nelson
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
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Appellate court records make switch to Odyssey May 4

April 29, 2015
IL Staff
Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.
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Wiretap evidence properly admitted at murder trial

April 29, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a man's conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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