Indiana Court of Appeals

Man’s challenges to admonition waived because he did not object at trial

April 15, 2015
Jennifer Nelson
A man convicted of battering and strangling his daughter's boyfriend did not object to an admonition given to the jury over statements made during his testimony, so he waived appellate review of his arguments, the Court of Appeals held Wednesday.
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COA affirms Evansville police officer’s firing for grabbing teen’s crotch

April 15, 2015
Jennifer Nelson
A longtime Evansville police officer who was fired for rule violations after he grabbed a teen’s crotch at a school where the officer also worked as a security officer lost the appeal of his termination before the Indiana Court of Appeals Wednesday.
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Court upholds sentence but orders judgment corrected

April 14, 2015
Jennifer Nelson
A man sentenced for rape and other crimes in 1989 sought to have his sentence corrected nearly 25 years later, but the Indiana Court of Appeals agreed with the lower court that the sentence imposed did not need revised.
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COA rules in favor of previous site owner in environmental contamination suit

April 14, 2015
Jennifer Nelson
A company seeking to recover environmental cleanup costs of a commercial real estate site from a previous owner who operated a film processing company failed to prove that the previous owner caused or contributed to the site's contamination, the Indiana Court of Appeals affirmed Tuesday.
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COA: Company sought to prevent competition, not protect trade secret

April 14, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a directed verdict in favor of the defendants in a lawsuit alleging they divulged confidential information and trade secrets after departing a computer systems company and began working for a competitor.
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COA agrees lawsuit may continue in Indiana under Journey’s Account Statute

April 13, 2015
Jennifer Nelson
Although a plaintiff in a lawsuit stemming from a car accident in Indiana used bad judgment when he filed the suit in federal court in Illinois, where he lives, there was no error by a Tippecanoe County court to allow the lawsuit to later proceed when filed there based on the Journey’s Account Statute, ruled the Court of Appeals.
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Theft conviction reversed based on lack of evidence

April 10, 2015
Jennifer Nelson
A man accused of stealing a rangefinder from a southern Indiana Rural King had his conviction reversed Friday by the Indiana Court of Appeals. The judges concluded there was insufficient evidence to support Jeremy Middleton’s conviction.
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COA revises sentence for molestation of stepson

April 10, 2015
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence as well as no errors by the trial court in affirming five molestation convictions of a man involving his stepson. But, the judges believed his nearly 100-year sentence needs revised.
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Judges divided over whether man can belatedly appeal infraction

April 9, 2015
Jennifer Nelson
The majority on the Indiana Court of Appeals concluded that a man challenging a traffic infraction could challenge it on belated appeal, but the dissenting judge believed broadening the post-conviction rules would put additional strain on limited judicial resources.
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COA now recording select 'Appeals on Wheels' arguments

April 9, 2015
IL Staff
When the Indiana Court of Appeals hits the road to hear arguments, some of those will now be recorded and archived online.
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COA: IURC improperly approved utility’s 7-year plan

April 8, 2015
Jennifer Nelson
In the appeal of the Indiana Utility Regulatory Commission’s decision to approve rate increases requested by a northern Indiana utility group under a new statute, the Indiana Court of Appeals concluded the commission erred in approving a seven-year plan that only gave specifics about year one.
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Court declines to interfere in former pastor’s breach of contract suit

April 8, 2015
Jennifer Nelson
A Greensburg pastor who filed a complaint against his former church after they terminated his contract was not able to prove to the Court of Appeals that the courts could review his claims without reference to either church law or doctrine.
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Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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New criminal code not applicable to offenses committed prior to enactment

April 8, 2015
Jennifer Nelson
The Indiana General Assembly explicitly stated that the revised criminal code does not apply to penalties, crimes or proceedings that began before the effective date of July 1, 2014, so a man is not entitled to be sentenced under the more-favorable criminal code, the Indiana Court of Appeals ruled.
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Vet: Unjust civil commitment 'takes everything' away

April 8, 2015
Dave Stafford
A Marine Corps veteran is trying to put his life back together after he was wrongly committed when a court found him gravely disabled and dangerous. His case before the Indiana Supreme Court recently reformed the requirements necessary to deprive the liberty of someone with mental illness.
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Enhancements for different offenses are permissible

April 7, 2015
Marilyn Odendahl
A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.
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Convicted murderer who claims innocence loses PCR appeal

April 7, 2015
Dave Stafford
A man convicted of a 1993 murder in southern Indiana was not wrongly denied post-conviction relief on his argument that his lawyer was ineffective for failing to recommend he take a plea deal, among other things.
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One test enough to uphold methamphetamine conviction

April 7, 2015
Marilyn Odendahl
Despite a second test not being conducted to confirm the presumptive findings, a Cass County man’s drug conviction was upheld after the Indiana Court of Appeals found the state had established reliability of the test performed.
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Reversal: Bank’s refiled foreclosure 'disingenuous,' 'improper'

April 6, 2015
Dave Stafford
A bank won summary judgment in a refiled mortgage foreclosure suit against a bankrupt couple after its first complaint was dismissed, but the Indiana Court of Appeals slapped down the trial court ruling Monday and dismissed the case.
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COA reverses ruling in favor of couple who kept alpacas in residential area

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
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Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
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Questions exist as to whether fiduciary duty was breached

March 31, 2015
Jennifer Nelson
There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.
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Ambiguous probation condition leads to reversal of violation finding

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
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Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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COA orders man resentenced with credit time considered

March 31, 2015
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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