Indiana Court of Appeals
Court rejects stale trash evidence argument
May 26, 2010
Michael HoskinsThe Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.
MoreDebate swirls around citations, use of the NFP
May 26, 2010
Michael HoskinsEnvision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue,
but future attorneys couldn't use that case result to help persuade judges in their litigation.
MoreAttorneys say ruling confuses discovery regarding expert materials
May 26, 2010
Michael HoskinsA liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own
metaphorical explosion of discovery disputes.
MoreSexually violent predator petitions must be refiled
May 24, 2010
Jennifer NelsonThe status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men
to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.
MoreCOA upholds 125-year child-molesting sentence
May 19, 2010
Michael HoskinsIn upholding multiple child-molesting convictions and a 125-year sentence, the Indiana Court of Appeals has rejected a woman’s
argument about why her penalty should be reduced based in part on the very young ages of the victims.
MoreCourt: Police shouldn't have made traffic stop
May 19, 2010
Michael HoskinsAn appellate decision today in a drunk-driving traffic stop case out of Fort Wayne illustrates how a lack of knowledge about
a particular road’s layout can derail the prosecution of someone who may have been intoxicated behind the wheel.
MoreCourt rules on sex offender status decisions
May 17, 2010
Michael HoskinsTackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.
MoreCOA affirms resisting police conviction
May 13, 2010
Jennifer NelsonThe Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly
resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently
applied.
MoreMom may be liable for daughter's accident
May 12, 2010
Jennifer NelsonThe Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which
she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges
didn’t completely agree as to why the mother may be liable.
MoreFees updated for appellate courts
May 12, 2010
IL StaffThe Indiana Supreme Court published an order April 26 on the fees the state's
appellate courts clerk can charge for miscellaneous services.
MoreNo opinions for 3rd day in a row
May 11, 2010
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
MoreSex offender may file to take name off registry
May 6, 2010
Jennifer NelsonThe Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he
filed his petition in the wrong court.
MoreOpinion rules on 2 issues of first impression
May 5, 2010
Jennifer NelsonThe Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code
Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.
MoreMajority upholds violent sexual predator finding
May 5, 2010
Jennifer NelsonAn Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.
MoreJudges affirm juvenile placement in DOC
April 30, 2010
Jennifer NelsonThe Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.
MoreCOA: Judge should have recused himself
April 29, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.
MoreJudges reverse, reinstate sex-offender conviction
April 29, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.
MorePro se defendant must be advised of rights
April 28, 2010
Jennifer NelsonThe requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
MoreCOA upholds eviction action
April 26, 2010
Jennifer NelsonA trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
MoreCourt split on burglary tipster issue
April 22, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police
was sufficient by itself to justify a police officer's stop of a juvenile.
MoreJudges reverse protection order
April 22, 2010
Jennifer NelsonA protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence
of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
MoreCOA discusses jury-selection procedures
April 21, 2010
Jennifer NelsonDespite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana
Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
MoreCOA decides sex offender registration plea case
April 16, 2010
Michael HoskinsThe Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender
registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him
to follow lesser registration requirements.
MoreCourt: Medical record loss is negligence
April 16, 2010
Michael HoskinsIf a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
MoreCOA rules on first impression railroad issue
April 15, 2010
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
Court Calendar
-
May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
-
June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
-
June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
-
June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
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.