Indiana Court of Appeals

COA finds double jeopardy in DeLaney attacker's case

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
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Court properly preserved home habitability claim

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
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Court rules on post-merger bank foreclosure rights

February 24, 2012
Michael Hoskins
The Indiana Court of Appeals ruled that a federal statute provides the authority for a bank that survives after a merger to enforce the promissory note and mortgage established by a predecessor bank.
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Judges affirm denial of post-conviction relief

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.
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Judges uphold drunk-driving conviction

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
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No fundamental error in jury seeing previously dismissed counts

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
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Court of Appeals reverses molestation convictions

February 22, 2012
Jennifer Nelson
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
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Appellate court reverses grant of post-conviction relief

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
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COA overturns drug conviction

February 21, 2012
Jennifer Nelson
Because there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable, the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
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COA upholds judgment in favor of employer in wrongful termination suit

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
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COA rules on anonymous online commenter case

February 21, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.
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Small Claims task force meetings begin Wednesday

February 20, 2012
IL Staff
The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.
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Appellate court upholds man's detainment

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.
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Judges disagree on state's ability to appeal

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
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Justices decline Camm prosecutor case

February 16, 2012
IL Staff
The Indiana Supreme Court decided Tuesday it will not disturb the ruling by the Indiana Court of Appeals that Floyd County Prosecutor Keith Henderson can’t be involved in the retrial of David Camm. Camm is set to be tried for a third time for the murders of his wife and two children.
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Ruling leads to questions about pregnant women's rights

February 15, 2012
Jenny Montgomery
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
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Indiana Court Decisions Jan. 26-Feb. 8, 2012

February 15, 2012
IL Staff
Read For Publication opinions from Indiana's appellate courts and the 7th Circuit Court of Appeals.
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On rehearing, COA affirms original opinion

February 14, 2012
Jenny Montgomery
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
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Mother's prior statement undermines argument on appeal

February 14, 2012
Jenny Montgomery
A mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that the court abused its discretion.
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COA reverses trial court in malpractice case

February 10, 2012
IL Staff
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
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Evidence supports elevated burglary conviction

February 9, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
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Court erred in granting change of judge

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.
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COA affirms original sentence revision

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
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Court does not have subject matter jurisdiction over child support

February 8, 2012
Jennifer Nelson
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
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Court split on dismissing murder, attempted feticide charges

February 8, 2012
Jennifer Nelson
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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