Indiana Court of Appeals

Improper conduct by trial court does not require reversal of contempt order

January 21, 2014
Jennifer Nelson
The Indiana Court of Appeals Tuesday found a trial judge committed some improper conduct during a hearing on a protective order, with one judge noting the court was “precariously close to crossing the line” when intervening in the proceedings. Despite this, the appellate court affirmed the order of contempt in favor of the petitioner.
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Man wins partial victory in appeal of insurance dispute

January 21, 2014
Jennifer Nelson
The lawsuit filed by man who was hit by a car while crossing the street will continue with respect to the driver of the car, the Indiana Court of Appeals ruled. The judges affirmed summary judgment in favor of the driver’s insurer.
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Opinion affirms New Albany has zoning jurisdiction over fringe area of county

January 16, 2014
Jennifer Nelson
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
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Inaccurate drain location data causes city to lose negligence suit

January 15, 2014
Jennifer Nelson
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
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College cook not erroneously denied unemployment benefits

January 9, 2014
Jennifer Nelson
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.
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COA reverses treble damages in business deal gone bad

January 9, 2014
Jennifer Nelson
A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.
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Indiana has no jurisdiction in case of damaged boat

January 9, 2014
Jennifer Nelson
The Indiana Court of Appeals found a plaintiff’s claims that personal jurisdiction existed in Indiana over a Michigan company involved in a lawsuit about his damaged boat didn’t hold water.
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Woman did not breach duty to man injured while on property uninvited

January 9, 2014
Jennifer Nelson
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
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State appellate courts to open at 1 p.m.

January 7, 2014
IL Staff
The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.
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Appellate courts, state offices delay Monday opening

January 3, 2014
IL Staff
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Appeals panel affirms denial of post-conviction relief

December 31, 2013
Dave Stafford
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
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Fatal accident leads COA to examine boating statute

December 31, 2013
Jennifer Nelson
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
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Panel dismisses contempt appeal as moot

December 31, 2013
Dave Stafford
A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.
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New Castle denied appellate legal fees in frivolous suit

December 31, 2013
Dave Stafford
A New Castle couple doesn’t have to pay the city’s appellate legal fees in its appeal of a frivolous litigation ruling, but they still must pay New Castle’s legal bills for the trial court filing.
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COA affirms post-conviction relief for ineffective counsel

December 27, 2013
Dave Stafford
A man who was convicted of multiple felonies related to a two-day instance of domestic violence in which he “terrorized” his girlfriend in their apartment will be resentenced on a lesser charge on one conviction.
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Appeals court affirms out-of-state placement of child with father

December 27, 2013
Dave Stafford
A mother whose son was placed with his father in California after the Department of Child Services found her children to be children in need of services failed to convince a panel of the Indiana Court of Appeals that the placement was erroneous or that the DCS didn’t make a reasonable effort to preserve the family.
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Exclusive appeal notice filing with state clerk begins Jan. 1

December 27, 2013
IL Staff
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
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Humvee maker, defense giant BAE wrangle over $277M judgment

December 26, 2013
Dave Stafford
A dispute over the true cost of Humvee body armor rushed to the battlefield in the deadliest days of the Iraq war has resulted in a court battle that includes suggestions that one of the world’s top defense contractors may have serious business problems as it argues against posting full security for a $277 million judgment.
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Judges rule couple did not release medical providers from liability

December 23, 2013
Jennifer Nelson
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
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COA: Deputy not justified in entering backyard

December 23, 2013
Jennifer Nelson
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
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Newburgh ordinance allows it to block town from providing sewer service

December 23, 2013
Jennifer Nelson
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
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Gender change does not void Indiana marriage

December 20, 2013
Jennifer Nelson
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
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Admission of return of service did not violate Confrontation Clause

December 20, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
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Judges affirm criminal reckless conviction

December 20, 2013
Jennifer Nelson
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Judges split on whether jury instruction erroneous

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
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