Indiana Court of Appeals

COA to hold oral argument in Allen County

July 8, 2011
Jenny Montgomery
The Indiana Court of Appeals will hear oral arguments in Carrie Chapman v. Howard L. Chapman and Elizabeth W. Chapman, Trustees of The Stephen L. Chapman Irrevocable Trust Agreement, No. 02A03-1012-TR-624, at 10:30 a.m. July 12 at the Allen County Courthouse in Ft. Wayne.
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Court examines 'entry' of guilty plea withdrawal motions

July 7, 2011
Michael Hoskins
The Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t file a request in writing or justify the withdrawal.
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COA sides with man accused of stealing hotdogs

July 7, 2011
Jenny Montgomery
The Indiana Court of Appeals says a man who was fired for snatching two hotdogs from the company refrigerator is entitled to unemployment benefits.
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COA: Judge can cite statutes and facts not in CHINS petition

July 6, 2011
Michael Hoskins
The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.
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Defining decisions on legal lexicon

July 6, 2011
Michael Hoskins
A single word might determine the fate of a case before one of Indiana’s highest courts, so it’s no surprise that judges will often turn to dictionaries to help interpret what a word and statute might mean.
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Court orders new arson trial

June 30, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.
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COA turns to dictionary in contract dispute

June 30, 2011
Jenny Montgomery
Citing Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another business.
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Court of Appeals dismisses termination-order appeal

June 28, 2011
Jennifer Nelson
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
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Judge: Man did not knowingly waive right to counsel

June 27, 2011
Jennifer Nelson
An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.
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Appellate court divided over trust liability

June 27, 2011
Jennifer Nelson
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
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COA: filing of commitment report is a procedural requirement

June 24, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.
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Justices discuss jury unanimity in molestation cases

June 23, 2011
Jennifer Nelson
The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.
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Group can't challenge high school closure

June 23, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.
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COA splits on reversing convictions for Batson violation

June 22, 2011
Jennifer Nelson
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
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Panel to oversee transition of toxicology department

June 22, 2011
IL Staff
Gov. Mitch Daniels has appointed a three-member panel to oversee the transition of the department of toxicology to the State of Indiana from Indiana University School of Medicine. The panel will begin work immediately, Daniels’ office reported June 21.
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Court won't recognize non-fiduciary liability

June 21, 2011
Michael Hoskins
Indiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries can be held liable for usurping corporate opportunity.
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Supreme Court aligns with trial court in dog-attack case

June 21, 2011
Jenny Montgomery
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
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COA to travel to Terre Haute to hear arguments

June 21, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Cynthia Welch v. Shawn Young, et al., at 2:30 p.m. June 23 at Indiana State University’s Tirey Hall, Tilson Auditorium. Judges John G. Baker, Edward W. Najam, Jr., and Melissa S. May will hear the case before a group of teenagers participating in Hoosier Girls State.
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Court hears appeal over state's objections

June 17, 2011
Jenny Montgomery
A man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea agreement, the Indiana Court of Appeals held Friday.
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COA vacates conviction on double jeopardy grounds

June 17, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
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Justices address incompetent defendants in 2 cases

June 14, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
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Appellate court upholds motion to suppress after traffic stop

June 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
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Judges to travel to Angola for arguments

June 14, 2011
IL Staff
A panel of Indiana Court of Appeals judges will hear arguments in a contempt of court case Wednesday in northeast Indiana.
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COA reverses worker's comp board on prescription drug denial

June 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
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Judges affirm motion to suppress after illegal police entry

June 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. 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.

  4. 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?

  5. 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?

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