Indiana Court of Appeals
Court: Man properly executed will, not under undue influence
August 6, 2010
Elizabeth BrockettThe Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children
questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding
undue influence.
MoreJudges find ruling denied mentally ill man's due process rights
August 5, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him
because not dismissing the charges was a violation of his due process rights.
MoreMan entitled to commission, but a reduced amount
August 4, 2010
Jennifer NelsonBecause a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling
crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured
in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his
former employer owed him due to draws and set-offs.
MoreAppellate rulings can create confusion for attorneys, trial judges
August 4, 2010
Michael HoskinsClear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on
how to address a particular legal issue. But that doesn’t always happen.
MoreWoman loses bid for new trial, appeals
August 4, 2010
Michael HoskinsA Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has
lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.
MoreCourt: insufficient notice bars tort claim
August 3, 2010
Elizabeth BrockettThe Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
MoreCOA extends judicial immunity to arbitrators
August 3, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
MoreJustices grant 3 transfers
August 3, 2010
IL StaffThe Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.
MoreCourt defines due process rights for drug court participants
July 30, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
MoreCourt declines to review commitment cases differently
July 29, 2010
Jennifer NelsonThe Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
MoreMother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
July 27, 2010
Jennifer NelsonThe Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
MoreJudge worries ruling may make bright-line rule in traffic stops
July 27, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
MoreArbitration of FCRA claim survives bankruptcy discharge
July 26, 2010
Jennifer NelsonA man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
MoreCOA: Trial court to decide pre-sentencing educational credit time
July 23, 2010
Elizabeth BrockettA trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
MoreJudges disagree on whether grandfather can adopt
July 21, 2010
Jennifer NelsonJudges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
MoreMedicaid applications review policy doesn't violate federal law
July 21, 2010
Jennifer NelsonAn administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
MoreAttorney fees not recoverable under adult wrongful death statute
July 20, 2010
Elizabeth BrockettThe Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
MoreState, federal double-jeopardy challenge fails
July 20, 2010
Elizabeth BrockettA man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.
MoreCOA reverses juvenile's exploitation adjudication
July 19, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
More3-step test needed to balance rights
July 15, 2010
Jennifer NelsonIndiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
MoreTown lacked needed consents to annex land
July 15, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
MoreCOA: insurer received actual notice from clients
July 14, 2010
Jennifer NelsonThe insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.
MoreTitle company didn't have authority to close real estate deal
July 14, 2010
Jennifer NelsonFor the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.
MoreCourt rules on first impression 'alibi' witness issue
July 13, 2010
Jennifer NelsonA trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
MoreCourt addresses fine line between traffic stop, arrest
July 9, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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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.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...