Indiana Court of Appeals

COA: Court erred in not granting request for change of judge

January 30, 2012
Jenny Montgomery
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
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COA reverses trial court in OWI case

January 30, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
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Driver's appeal based on misinterpretation of previous COA decision

January 30, 2012
Jenny Montgomery
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
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Tort Claims Act does not grant immunity for reckless conduct

January 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
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Appellate court orders new trial in child molesting case

January 27, 2012
Jenny Montgomery
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
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Appellate court upholds denial of palliative care

January 26, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
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Judges uphold convictions for attempted trafficking with an inmate

January 25, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
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COA: Judge didn't err in rejecting master commissioner's sentence

January 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
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COA webcasts to resume Wednesday

January 24, 2012
Jennifer Nelson
After being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast again beginning Jan. 25.
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COA: sentence waiver is valid

January 24, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
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Judges reverse award of attorney fees

January 24, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.
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COA reverses guilty plea to Class A felony child molesting

January 24, 2012
Jennifer Nelson
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
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Justices: patient fund not entitled to set-off

January 20, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
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Appellate court affirms juvenile committed theft, burglary

January 20, 2012
Jennifer Nelson
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
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COA: arbitration provision null and void

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
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Judges reverse denial of motion to suppress

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
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COA clarifies ruling in negligent hiring lawsuit

January 18, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
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Court splits over motion for discharge ruling

January 18, 2012
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
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Darden winds down his appellate career

January 18, 2012
Michael Hoskins
The Indiana Court of Appeals judge will retire in July when he turns 75.
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Indiana court decisions Jan. 1 to 11, 2012

January 18, 2012
IL Staff
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
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COA: trial courts can limit administrative review

January 13, 2012
Michael Hoskins
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
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COA affirms murder conviction

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.
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Appellate court upholds easement ruling

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
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Judges rule on Clark County surveyor's suit

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
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Judges order pharmacy board to respond to subpoena

January 11, 2012
Jennifer Nelson
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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