Indiana Court of Appeals

COA reverses and remands CHINS finding regarding stepfather

February 15, 2011
Rebecca Berfanger
After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.
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Judges reverse denial of motion to suppress

February 14, 2011
Jennifer Nelson
The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.
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Court rules on child support nonpayment case

February 11, 2011
Michael Hoskins
Just because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be charged more than once for that criminal nonpayment if there’s only one support order issued.
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JTAC fee bill amended, other bills moving

February 11, 2011
IL Staff
The Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it out of committee, but not before legislators decreased the fee beginning this year.
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Appeals court reverses summary judgment for pharmacist, CVS

February 10, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
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Judges order new PCR hearing on guilty plea issue

February 7, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
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Justices to hear negligence case at IU-Indy

February 7, 2011
IL Staff
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law - Indianapolis.
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COA reverses father's visitation of adopted daughter

February 7, 2011
Jennifer Nelson
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
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Judges affirm judgment for real estate agent on negligence claim

February 4, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
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Justices' split reinstates COA annexation ruling

February 2, 2011
Michael Hoskins
A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
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Many courts shut down due to weather

February 2, 2011
IL Staff
Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.
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Appeals court warns parties against no-response strategy

January 31, 2011
Michael Hoskins
A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.
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COA: Man has exhausted compensation benefits

January 31, 2011
Jennifer Nelson
An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.
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Oral argument rescheduled

January 31, 2011
IL Staff
The Indiana Court of Appeals has rescheduled the oral argument set for Tuesday, Feb. 1, in Indianapolis.
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Justices accept parental-rights termination case

January 31, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.
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Appeals court rules on Ohio River phone-stalking case

January 28, 2011
Michael Hoskins
The Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony if the defendant didn’t know the victim worked in law enforcement.
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Majority upholds dismissal of unemployment benefits appeal

January 26, 2011
Jennifer Nelson
The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.
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Federal act preempts state law claims

January 25, 2011
Jennifer Nelson

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

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Court's community-service policy is unenforceable

January 25, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
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COA: Man needed to submit claim under Wage Claims Statute

January 21, 2011
Jennifer Nelson
An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.
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AG swears in new victims’ advocate

January 21, 2011
Rebecca Berfanger
The new director of victim advocacy programs for the Indiana Attorney General’s Office was sworn in at 11 a.m. today in the Indiana University School of Law – Indianapolis Wynne Courtroom.
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Judges uphold OWI conviction

January 21, 2011
Jennifer Nelson
Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.
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Child support changes targeting the rich?

January 19, 2011
Michael Hoskins
A case before the Indiana Court of Appeals calls into question the constitutionality of the state’s new child support guidelines, challenging the revisions that last year altered the payment scheme for high-income earners and raised the ceiling on child support obligations.
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Comments welcomed for many court rule amendments

January 18, 2011
Michael Hoskins
A multitude of Indiana court rules are being examined for potential revision, and the legal community has a chance to offer comment about how those changes are made.
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SCOTUS refuses to accept two Indiana cases

January 18, 2011
Michael Hoskins
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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