Indiana Court of Appeals

Hot dog vendor who stabbed man in head loses appeal

September 30, 2016
Dave StaffordMore

Charge under wrong part of statute reverses conviction

September 30, 2016
Dave Stafford
A man’s conviction of attempted obstruction of justice was reversed Friday by the Indiana Court of Appeals because the state charged him under the wrong part of the statute.
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COA rejects ex-teacher’s appeal for lighter sentence for seduction of student

September 29, 2016
Olivia Covington
A former Indiana teacher and coach convicted of child seduction with a student cannot have his sentence reduced after the Indiana Court of Appeals decided Wednesday that his character and the nature of his offense do not warrant a lighter sentence.
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COA finds electrician can sue companies after mesothelioma diagnosis

September 28, 2016
Olivia Covington
The Indiana Court of Appeals held Wednesday that an electrician can sue the companies where he previously worked as an independent contractor for negligence and liability after he was exposed to asbestos.
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COA says attempted murder is not an exception to voluntary intoxication statute

September 28, 2016
Olivia Covington
The Indiana Court of Appeals found Wednesday that a man cannot have his attempted murder charge overturned because he was drunk at the time of the incident, writing that voluntary intoxication does not negate the specific intent to kill requirement of an attempted murder charge.
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COA finds no evidence of severe mental illness to prohibit pro se proceedings

September 28, 2016
Olivia Covington
A woman’s convictions for possession of controlled substances and operating a vehicle while intoxicated will stand after the Indiana Court of Appeals found Wednesday that she did not suffer from a severe mental illness that should have precluded her from proceeding pro se.
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COA rules that negligent hiring claim against Pizza Hut can proceed

September 27, 2016
Olivia Covington
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
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Court of Appeals finds parents unfit, affirms termination of parental rights

September 26, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.
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COA affirms denial of timber buyer’s petition for post-conviction relief

September 26, 2016
Olivia Covington
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
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COA affirms denial of foster parents’ petition for adoption

September 23, 2016
Olivia Covington
A set of foster parents do not have the right to adopt two children without their father’s consent despite the fact that the father does not have visitation with the children, the Indiana Court of Appeals found Friday.
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COA vacates public defender, probation fees for indigent man

September 21, 2016
Olivia Covington
The Indiana Court of Appeals has vacated an order for a man convicted of public intoxication and found to be indigent to pay more than $600 in public defender and probation fees.
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COA finds that defendant did not prove counsel error

September 21, 2016
Olivia Covington
The Indiana Court of Appeals will not reverse a decision to deny a man’s petition for post-conviction relief after he was convicted of three counts of felony robbery, despite his argument that the third charge of felony robbery was added against him in an untimely manner.
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Lake Michigan private, public land rights clash before COA

September 21, 2016
Dave Stafford
Long Beach, Indiana, is at the center of a landmark dispute between public access and private property rights to the Indiana shore of Lake Michigan.
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Tweeting reporters allowed in court?

September 21, 2016
Olivia Covington
Members of the media and judges are working together to develop standards for journalists who want to cover court proceedings to protect defendants and allow transparency.
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COA reverses judgment against State Farm, finds trial court erred in excluding evidence

September 20, 2016
Olivia Covington
The Indiana Court of Appeals reversed a judgment Tuesday against State Farm Mutual Automobile Insurance Co. after finding that a trial court erred in excluding evidence that could have proven the insurance company did not play a role in an accident that led to the plaintiff suffering from severe migraine headaches.
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Woman’s criminal recklessness, battery convictions against husband affirmed

September 20, 2016
Olivia Covington
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
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Supreme Court takes post-conviction case of convicted murderer

September 19, 2016
Olivia Covington
The Indiana Supreme Court will decide if a man convicted of murder in 1996 should be granted post-conviction relief based on the fact that his trial counsel was ineffective and his petition is not barred by laches.
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K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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Mother fails to prove entitlement to coverage after untimely payment

September 16, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a Hendricks County woman’s insurer on her suit alleging breach of contract after the insurance company declined to cover her son’s auto accident, which occurred after she let her coverage lapse for nonpayment.
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COA: Defrauded Logansport business can’t sue Michigan law firms here

September 16, 2016
Dave Stafford
A Logansport businessman who was defrauded of more than $20,000 cannot use Indiana courts to sue the Michigan law firm whose client was later convicted of wire fraud, the Indiana Court of Appeals ruled Friday.
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Appeals court affirms decision to strip parental rights

September 15, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
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Property award to ex-girlfriend of longtime boyfriend affirmed

September 14, 2016
Jennifer Nelson
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
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COA affirms health services provider in contempt for not producing records

September 14, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed that Meridian Health Services was in contempt of court when it failed to provide a patient’s father with her health records after a subpoena ordered the health services provider to do so.
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COA affirms conversion judgment against mortgage lender

September 14, 2016
Dave Stafford
A mortgage company lost its appeal of a ruling that it effectively stole the Muncie property from its borrower, who is entitled to $158,392.50 in damages, including $74,000 under the Indiana Crime Victims Relief Act.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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