Indiana Court of Appeals

Denial of witness testimony was harmless error, COA rules

February 12, 2015
Jennifer Nelson
Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.
More

COA clarifies decision in reversed CHINS case

February 12, 2015
Jennifer Nelson
The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.
More

Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)

February 11, 2015
Jennifer Nelson
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
More

COA: Postnuptial agreement is enforceable

February 11, 2015
Jennifer Nelson
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
More

Awarded guardianship fees overturned due to potential misconduct

February 11, 2015
Jennifer Nelson
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
More

COA: Ex-husband entitled to legal fees for former wife's contempt

February 9, 2015
Dave Stafford
The ex-husband in an acrimonious domestic relations case is entitled to $9,000 in legal fees a trial court awarded to him as well as judgments in his favor on parenting time and child support, the Indiana Court of Appeals ruled Monday.
More

Double jeopardy lifts 2 of burglar’s multiple convictions

February 9, 2015
Dave Stafford
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
More

Appeals court strips grandmother’s visitation, cites grandchild’s adoption

February 6, 2015
Dave Stafford
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
More

COA reverses confinement conviction, cautions prosecution on future statements

February 5, 2015
Dave Stafford
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
More

Majority finds no error regarding potential electronic monitoring

February 4, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that a trial court had improperly delegated to a community corrections program the authority to decide whether he should be subject to electronic monitoring.
More

Court rules in favor of hospital in contract dispute

February 4, 2015
Jennifer Nelson
A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.
More

Man’s conviction for murdering neighbor upheld

February 4, 2015
Jennifer Nelson
Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.
More

Man’s criminal confinement conviction reversed, battery conviction reinstated

February 3, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
More

COA affirms father must pay $876 in child support to non-custodial parent

February 3, 2015
Jennifer Nelson
There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.
More

COA reverses summary judgment in personal injury claim, abandons volunteer doctrine

February 3, 2015
Jennifer Nelson
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
More

COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
More

Appeals court finds high-fence deer hunting not prohibited in Indiana

February 2, 2015
Jennifer Nelson
Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.
More

Judges deny request to modify probation to allow contact with daughter

January 30, 2015
Jennifer Nelson
The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.
More

Senate votes to raise judicial retirement age

January 29, 2015
Dave Stafford
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
More

Restaurant not entitled to return of insurance proceeds seized

January 29, 2015
Jennifer Nelson
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
More

COA rules teachers may negotiate for ancillary duty compensation

January 28, 2015
Jennifer Nelson
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
More

Gang member’s sentence for bar fight reduced

January 28, 2015
Jennifer Nelson
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
More

Juvenile’s delinquent adjudication reversed based on illegal search

January 28, 2015
Jennifer Nelson
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
More

‘Spice’ law void for vagueness, divided panels rule

January 27, 2015
Dave Stafford
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
More

Lack of evidence allows periodontists to leave office space

January 26, 2015
Marilyn Odendahl
Having failed to produce sufficient evidence that the terms of a lease agreement had been waived, a landlord will have to allow a pair of tenants to vacate the property with no financial penalty.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT