Indiana Court of Appeals
Judges rule on workers' comp billing issues
June 24, 2009
Michael HoskinsEmployers or their insurers - not health care providers - must prove when medical expenses for injured employees might be
considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana
Court of Appeals.
MoreJudges differ on if 'property damage' occurred
June 23, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider,
insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as
covered by the insurance policies.
MoreCourt reverses conviction over letter
June 23, 2009
Jennifer NelsonA man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals
because a letter he wrote while trying to negotiate a plea agreement - which was rejected - shouldn't have been admitted
at his trial.
MorePurse search violated Indiana Constitution
June 22, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern
for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way
it appears it could be holding a gun.
MoreInmate loses 3 appeals
June 17, 2009
Jennifer NelsonEric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana
Court of Appeals.
MoreCourt rules on incurred risk in malpractice suit
June 16, 2009
Jennifer NelsonThe Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on
negligence or lack of informed consent.
MoreFirst impression on residential entry issue
June 15, 2009
Jennifer NelsonSince a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed
residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
MoreOpinion explains use of supplemental evidence
June 15, 2009
Jennifer NelsonIn affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the
Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code
Section 36-7-4-1009.
MoreJudges differ on pretrial credit award
June 12, 2009
Jennifer NelsonEach judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant,
who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
MoreAnimal cruelty an exigent circumstance
June 11, 2009
Jennifer NelsonRuling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level
of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting
convictions.
MoreSuit based on church-member letter may go on
June 10, 2009
Jennifer NelsonA letter written by a church member and circulated through another member's work e-mail address contains some allegedly
defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those
statements, the Indiana Court of Appeals ruled today.
MoreCOA: Park ban violates ex post facto laws
June 9, 2009
Jennifer NelsonRelying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court
of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state
was punitive and unconstitutional as applied to him.
MoreCOA affirms judgment in property-tax dispute
June 5, 2009
Jennifer NelsonThe Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches - property
taxes.
MoreInmate's complaint dismissed again
June 4, 2009
Jennifer NelsonAn inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year,
was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
MoreCOA: Rule of incredible dubiosity not applicable
June 4, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's domestic battery conviction and sentence, concluding his wife's testimony
about the altercation wasn't subject to the rule of incredible dubiosity.
MoreCOA reiterates confidential-information filing
June 3, 2009
Jennifer NelsonThe Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information,
instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a
Social Security number.
MoreIssues of fact in molestation suit against father
June 2, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a motion of summary judgment by a father accused of molesting two of his
adopted sons when they were children.
MoreCOA: Police didn't need to search car after stop
June 1, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction,
ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.
MoreCOA upholds dismissal of election challenges
May 28, 2009
Jennifer NelsonToday Indiana's appellate courts are dealing with two mayoral election disputes, with the Court of Appeals ruling on one
in Muncie and the Supreme Court hearing arguments in another from Terre Haute.
MoreArrest upheld after seatbelt stop
May 22, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt
violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional
rights or the Seatbelt Enforcement Act.
MoreCOA: Church not a 'youth program center'
May 21, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a man's Class A felony conviction of possession of cocaine, finding he wasn't
within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs.
It's an issue of first impression for Indiana courts.
MoreAdvisory sentence not sentencing starting point
May 20, 2009
Jennifer NelsonA man appealing his 15-year sentence for rape made a "novel" argument in his brief: the trial court should have
started its calculation of his sentence using the advisory sentence of 10 years instead of using the midpoint of 13 years.
MoreJudges disagree on statute's constitutionality
May 20, 2009
Jennifer NelsonIn an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals
concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a
digitalized image under the child-exploitation statute.
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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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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...
Yikes!