Indiana Court of Appeals
Judges affirm defendant must register as sex offender as part of probation
February 14, 2013
Jennifer NelsonA defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can
still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
MoreDefendant received ineffective trial counsel assistance in murder case
February 14, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding
his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter
and the state’s burden of proof regarding sudden heat.
MoreJudges interpret Probate Code statute in favor of bank
February 13, 2013
Jennifer NelsonFinding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals
reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
MoreCourt error denying police deposition in drug case harmless, COA rules
February 11, 2013
Dave StaffordA Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment
purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
MoreIn affirming DUI on appeal, judges include predictive warning
February 11, 2013
Dave StaffordAn argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test
machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote
that such a ruling could cost criminal defendants.
MoreCOA affirms murder conviction and sentence over self-defense claim
February 8, 2013
Dave StaffordAn Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the
lives of people inside his home lost his appeal Friday.
MoreThief who aimed to teach victim ‘lesson’ gets no relief on appeal
February 8, 2013
Dave StaffordAn Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving
valuables in an unlocked car lost his appeal Friday.
MoreWoman’s sentence revised because she is not among ‘worst offenders’
February 7, 2013
Jennifer NelsonA home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her
sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed
chase led to a crash and the death of the patient from injuries she sustained.
MoreCourt split over denial to commit man with dementia
February 7, 2013
Jennifer NelsonAlthough the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow
the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial
court’s conclusion.
MoreJudges uphold convictions stemming from bank robbery
February 7, 2013
Jennifer NelsonTerry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related
to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.
MoreJudges affirm man’s drug conviction
February 6, 2013
IL StaffA man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A
felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.
MoreCOA: Parties must arbitrate dispute over insurance coverage
February 6, 2013
Jennifer NelsonThe Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance
policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is
complete.
MoreCOA orders trial on drug charges
February 5, 2013
Jennifer NelsonOn interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s
motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
MoreJudges uphold sexually violent predator status
February 5, 2013
Jennifer NelsonThe Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent
predator status constituted a fundamental error, so the court upheld the SVP status.
MoreMan entitled to new trial based on trial counsel’s performance
February 5, 2013
Jennifer NelsonA man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney
did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.
MoreEliminating judges’ mandatory retirement to get hearing
February 5, 2013
Dave StaffordA bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be
heard in the Senate Judiciary Committee on Wednesday.
MoreEx-wife ordered to return money husband stole from nonprofit
February 4, 2013
Jennifer NelsonA woman whose ex-husband committed suicide after his scheme to steal money from his employer unraveled must pay back to the
company money she received from her husband during and after their marriage, the Indiana Court of Appeals ruled Monday.
MoreJudges uphold sentence, but revise original opinion
February 1, 2013
Jennifer NelsonThe Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement
in order to correct a misstatement of the law.
MoreFraudulent concealment tolls Wrongful Death Act’s limitations period
January 31, 2013
Jennifer NelsonThe Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful
death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment
is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of
first impression.
MoreCouple had to get permit before installing septic systems
January 31, 2013
Jennifer NelsonRejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems
following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed
summary judgment for the health department on the matter.
MoreCourt reverses grant of custody to grandmother
January 31, 2013
Jennifer NelsonFinding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court
of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of
her mother.
MoreHusband’s settlement proceeds should be included in marital pot
January 31, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds
from an action against his former employer as a marital asset when he and his wife divorced.
MoreWeinberger owes patient $150k for unnecessary surgery
January 31, 2013
Jennifer NelsonDr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’
sinuses, must pay one patient $150,000 on a medical malpractice claim.
MoreJudges affirm 53-year sentence for bank shooting
January 31, 2013
Jennifer NelsonThe man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by
the Indiana Court of Appeals.
MoreJudges rule on 'contentious' child support dispute, again
January 30, 2013
Jennifer NelsonFor the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges
upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor
regarding certain bonuses.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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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.