Indiana Court of Appeals

Judge-backed court staff attorney pilot program bill moves out of committee

February 14, 2013
Jennifer Nelson
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
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Judges affirm defendant must register as sex offender as part of probation

February 14, 2013
Jennifer Nelson
A 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.
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Defendant received ineffective trial counsel assistance in murder case

February 14, 2013
Jennifer Nelson
The 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.
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Judges interpret Probate Code statute in favor of bank

February 13, 2013
Jennifer Nelson
Finding 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.
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Court error denying police deposition in drug case harmless, COA rules

February 11, 2013
Dave Stafford
A 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.
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In affirming DUI on appeal, judges include predictive warning

February 11, 2013
Dave Stafford
An 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.
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COA affirms murder conviction and sentence over self-defense claim

February 8, 2013
Dave Stafford
An 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.
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Thief who aimed to teach victim ‘lesson’ gets no relief on appeal

February 8, 2013
Dave Stafford
An 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.
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Woman’s sentence revised because she is not among ‘worst offenders’

February 7, 2013
Jennifer Nelson
A 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.
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Court split over denial to commit man with dementia

February 7, 2013
Jennifer Nelson
Although 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.
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Judges uphold convictions stemming from bank robbery

February 7, 2013
Jennifer Nelson
Terry 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.
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Judges affirm man’s drug conviction

February 6, 2013
IL Staff
A 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.
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COA: Parties must arbitrate dispute over insurance coverage

February 6, 2013
Jennifer Nelson
The 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.
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COA orders trial on drug charges

February 5, 2013
Jennifer Nelson
On 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.
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Judges uphold sexually violent predator status

February 5, 2013
Jennifer Nelson
The 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.
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Man entitled to new trial based on trial counsel’s performance

February 5, 2013
Jennifer Nelson
A 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.
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Eliminating judges’ mandatory retirement to get hearing

February 5, 2013
Dave Stafford
A 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.
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Ex-wife ordered to return money husband stole from nonprofit

February 4, 2013
Jennifer Nelson
A 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.
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Judges uphold sentence, but revise original opinion

February 1, 2013
Jennifer Nelson
The 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.
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Fraudulent concealment tolls Wrongful Death Act’s limitations period

January 31, 2013
Jennifer Nelson
The 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.
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Couple had to get permit before installing septic systems

January 31, 2013
Jennifer Nelson
Rejecting 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.
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Court reverses grant of custody to grandmother

January 31, 2013
Jennifer Nelson
Finding 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.
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Husband’s settlement proceeds should be included in marital pot

January 31, 2013
Jennifer Nelson
The 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.
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Weinberger owes patient $150k for unnecessary surgery

January 31, 2013
Jennifer Nelson
Dr. 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.
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Judges affirm 53-year sentence for bank shooting

January 31, 2013
Jennifer Nelson
The 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.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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