Indiana Court of Appeals

Court: insufficient notice bars tort claim

August 3, 2010
Elizabeth Brockett
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium complex and its various longtime issues.
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COA extends judicial immunity to arbitrators

August 3, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their sponsors.
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Justices grant 3 transfers

August 3, 2010
IL Staff
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices examined a total 35 cases that were before them for possible transfer.
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Court defines due process rights for drug court participants

July 30, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
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Court declines to review commitment cases differently

July 29, 2010
Jennifer Nelson
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
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Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

July 27, 2010
Jennifer Nelson
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice resulted in injuries to the mother, fetus, or both.
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Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns were legitimate enough to allow the officer to search a car after a traffic stop.
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Arbitration of FCRA claim survives bankruptcy discharge

July 26, 2010
Jennifer Nelson
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy proceedings, the Indiana Court of Appeals ruled today.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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Judges disagree on whether grandfather can adopt

July 21, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.
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Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
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Attorney fees not recoverable under adult wrongful death statute

July 20, 2010
Elizabeth Brockett
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under the adult wrongful death statute.
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State, federal double-jeopardy challenge fails

July 20, 2010
Elizabeth Brockett
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals, which affirmed the trial court in a case involving multiple child pornography videos.
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COA reverses juvenile's exploitation adjudication

July 19, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
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3-step test needed to balance rights

July 15, 2010
Jennifer Nelson
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court of Appeals concluded today on the matter of first impression.
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Town lacked needed consents to annex land

July 15, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to, remonstrate against, or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
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COA: insurer received actual notice from clients

July 14, 2010
Jennifer Nelson
The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana Court of Appeals ruled today.
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Title company didn't have authority to close real estate deal

July 14, 2010
Jennifer Nelson
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title insurance company with respect to escrow and closing services.
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Court rules on first impression 'alibi' witness issue

July 13, 2010
Jennifer Nelson
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana Court of Appeals ruled today in an issue of first impression.
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Court addresses fine line between traffic stop, arrest

July 9, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a legitimate traffic stop.
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Man gets new trial because of ineffective counsel

July 8, 2010
Elizabeth Brockett
Based on ineffective assistance of counsel, the Indiana Court of Appeals today reversed on direct appeal a man’s domestic battery conviction and remanded the case for a new trial.
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COA: Teen didn't resist law enforcement

July 7, 2010
Jennifer Nelson
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana Court of Appeals ruled today.
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Use of wrong statute requires reversal of dealing conviction

July 7, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
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Canine sniff case gets second look, same ruling

July 6, 2010
Elizabeth Brockett
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction based on a traffic stop involving a canine sniff.
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Court affirms felony nonsupport of a dependent conviction

July 6, 2010
Elizabeth Brockett
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction of Class C felony nonsupport of a dependent child.
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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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