Indiana Court of Appeals
Attorney didn't commit conversion, malpractice
April 3, 2009
Jennifer NelsonThe Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County
against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
MoreText messages must be separately authenticated
March 31, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals determined text messages are subject to separate authentication
before being admitted into evidence, much like the authentication process that data saved in a computer must undergo before
being admitted.
MoreFirst impression in 'non-suspension' rule case
March 31, 2009
Jennifer NelsonThe Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in
Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
MoreTemporary and lessee worker same under act
March 25, 2009
Jennifer NelsonIn what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the
context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary
employee" and "leased employee" are not mutually exclusive terms and are interchangeable.
MoreAppellate court to hear arguments at ISU
March 25, 2009
IL StaffThe Indiana Court of Appeals travels to Terre Haute Thursday to hear arguments in a cocaine conviction case.
MoreCOA affirms ruling in 'unusual' termination case
March 23, 2009
Jennifer NelsonIn an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during
a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.
MoreCasino wins compulsive gambling appeal
March 20, 2009
Michael HoskinsCasinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain
from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first
impression.
MoreJudges split in termination ruling
March 20, 2009
Jennifer NelsonIn an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged
the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.
MoreCOA judge recuses himself from case
March 20, 2009
Jennifer NelsonThe Indiana Court of Appeals granted a rehearing in John Pickett v. State of Indiana, No. 47A01-0807-CR-322, to address
whether Judge Cale Bradford should have recused himself because his ex-wife, Kimberly A. Jackson, represented John Pickett
on appeal.
MoreMoving chattel for suit doesn't establish venue
March 19, 2009
Jennifer NelsonIn its opinion today regarding a breach of warranty case, the Indiana Court of Appeals had to define for the first time what
"regularly located or kept" meant for purposes of Indiana Trial Rule 75(A)(2).
MoreCase shows challenge of ending res gestae
March 16, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl
in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the
doctrine of res gestae.
MoreeBay suit presents issue of first impression
March 13, 2009
Jennifer NelsonIn an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific
jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
MoreCourt: Don't assume undue influence by child
March 11, 2009
Jennifer NelsonThe Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence
over a parent when analyzing cases involving adult children assisting an aging parent.
MoreCOA upholds denial of motion for class action
March 9, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant
the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass
the statute if another member of the putative class has already submitted a claim.
MoreTeen's Fourth Amendment rights not violated
March 9, 2009
Jennifer NelsonDebating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry
stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
MoreJudges disagree on proof-of-age issue
March 6, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was
21 years old at the time the molestation occurred.
MorePanel disagrees in admitting expert testimony
March 5, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's
testimony about medical tests and the cause of her pain.
MoreMan isn't entitled to parental privilege defense
March 4, 2009
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's
home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
MoreAppellate court gets dismissed Voter ID case
March 3, 2009
Michael HoskinsThe Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute
requiring voters to show photo identification before casting a ballot is constitutional.
MoreCOA: annexation detailed summary sufficient
March 3, 2009
Jennifer NelsonRuling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice
requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
MoreCOA: Bank didn't breach duties as trustee
March 2, 2009
Jennifer NelsonAlthough tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank
that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the
bank acted in good faith.
MoreCase requires balancing act by court
February 27, 2009
Jennifer NelsonIn a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally
disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct,
the appellate court affirmed the denial of a defendant's motion to suppress.
MoreTheft case requires special prosecutor
February 27, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because
the original basis for appointing the special prosecutor still existed even after one charge was dropped.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.