Indiana Court of Appeals

Judges uphold sale of properties in tax sale

July 3, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
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Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
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Unpaid balance bars woman from being class representative in class-action complaint

July 2, 2013
Marilyn Odendahl
Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.
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10-year sentence for 5-finger discount not inappropriate, COA rules

July 2, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
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Courts announce July 4 holiday closures

July 1, 2013
IL Staff
Indiana appellate courts and the 7th Circuit Court of Appeals are extending the Independence Day holiday to a four-day weekend.
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Thoroughbred rep loses appeal over license requirement

June 28, 2013
Dave Stafford
A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.
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Appeals panel reverses summary judgment for insurer in hit-and-run

June 28, 2013
Dave Stafford
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
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COA upholds termination of Bloomington high school teacher

June 27, 2013
Jennifer Nelson
Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.
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Court upholds Sturgis’ conviction for murder of son

June 27, 2013
Jennifer Nelson
St. Joseph County resident Jerry L. Sturgis Sr. lost his appeal before the Indiana Court of Appeals Thursday that challenged convictions stemming from the beatings and abuse of three of his children, leading to the death of his 10-year-old son in 2011.
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Mother not denied due process by denial of motion for continuance

June 27, 2013
Jennifer Nelson
A mother living in Florida was not denied due process when her motion to continue a termination hearing involving her three children, who were determined to be in need of services in Indiana, was denied by the Cass Circuit Court, the Indiana Court of Appeals has ruled.
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COA orders new trial for man who represented himself

June 27, 2013
Jennifer Nelson
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
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Nursing home can’t collect from estate under doctrine of necessaries

June 27, 2013
Jennifer Nelson
A Connersville nursing home can’t seek to collect on expenses for a patient after her death from the estate of her husband under the doctrine of necessaries, the Indiana Court of Appeals ruled, because the facility didn’t first seek to collect from the patient.
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COA reaffirms separate convictions for check theft not warranted

June 26, 2013
Jennifer Nelson
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.
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Judge: School corp.’s inattentiveness doesn’t support benefits reversal

June 26, 2013
Jennifer Nelson
The Indiana Court of Appeals was split Wednesday over whether a notice sent regarding a hearing on unemployment benefits required reversing the grant of benefits because the employer found the notice confusing.
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Resisting law enforcement conviction reduced due to double jeopardy violation

June 25, 2013
Jennifer Nelson
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
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Evidence supports felony inmate fraud conviction

June 25, 2013
Jennifer Nelson
Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.
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Sex Offender Registration Act not ex post facto as applied to Perry County man

June 25, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.
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Man convicted in 1963 of murder not diligent in pursuing appeal

June 25, 2013
Jennifer Nelson
The Indiana Court of Appeals has denied George Cole’s petition for permission to file a belated notice of appeal following his 1963 murder conviction of a cab driver in Indianapolis and life sentence.
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COA affirms trial court dismissal of judicial review but differs on reasoning

June 24, 2013
Jennifer Nelson
An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.
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Appeals court upholds woman’s sentence for treatment of cats

June 21, 2013
Jennifer Nelson
A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.
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Injured man who sued estate can only recover insurance policy limits

June 21, 2013
Jennifer Nelson
A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.
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Summary judgment affirmed for casino in collapsing chair suit

June 21, 2013
Jennifer Nelson
The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.
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Court upholds public intoxication conviction

June 19, 2013
Jennifer Nelson
A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.
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Man’s claims that protective sweep, search are unconstitutional fail

June 19, 2013
Jennifer Nelson
A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.
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COA reverses denial of petition to dismiss protective order

June 19, 2013
Jennifer Nelson
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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