Indiana Court of Appeals
Husband’s settlement proceeds should be included in marital pot
January 31, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds
from an action against his former employer as a marital asset when he and his wife divorced.
MoreWeinberger owes patient $150k for unnecessary surgery
January 31, 2013
Jennifer NelsonDr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’
sinuses, must pay one patient $150,000 on a medical malpractice claim.
MoreJudges affirm 53-year sentence for bank shooting
January 31, 2013
Jennifer NelsonThe man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by
the Indiana Court of Appeals.
MoreJudges rule on 'contentious' child support dispute, again
January 30, 2013
Jennifer NelsonFor the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges
upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor
regarding certain bonuses.
MoreCOA reverses former principal’s conviction for failing to immediately report student’s alleged rape
January 30, 2013
Jennifer NelsonA split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s
Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
MoreStudent kicked out of IU medical school loses on breach of contract claim
January 30, 2013
Jennifer NelsonAn Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating
couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract
claim.
MoreStatute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
January 29, 2013
Marilyn OdendahlA Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled
the state statute gives the courts the freedom to decide whether to grant or deny a petition.
MoreCOA reversal of truck forfeiture allows movie fan to drive off into the sunset
January 29, 2013
Marilyn OdendahlIn a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling
pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
MoreJudges’ ruling in email records case defers to public access counselor
January 29, 2013
Dave StaffordA request for the email records of public officials that simply asks for emails to or from officials over a certain period
of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
MoreDropped charges in habitual offender sentence distinguish conflicting rulings
January 25, 2013
Dave StaffordA defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under
a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also
drew distinctions with a conflicting COA opinion.
MoreCOA rules minors must be active participants to meet statute’s definition of ‘child exploitation’
January 25, 2013
Marilyn OdendahlA man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were
not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
MoreTeen father not deprived by lack of guardian ad litem in termination judgment
January 25, 2013
Dave StaffordA 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him
during proceedings in which his parental rights were terminated.
MoreCOA rules in favor of grandchildren in will dispute
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land
in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively
receive a one-third share in the acreage.
MoreAttempted child molestation conviction does not lead to credit restricted status
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following
his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses
that qualify under the credit restricted felon statute.
MoreRule of lenity doesn’t apply on man’s escape conviction
January 24, 2013
Jennifer NelsonThe rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home
detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions
of Class D felonies escape and attempted residential entry.
MoreMan wins appeal of case against Indiana Parole Board
January 23, 2013
Jennifer NelsonSeveral conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult –
including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court
of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other
defendants on David Bleeke’s complaint for declaratory and injunctive relief.
MoreJudges rule on rehearing that company can hold mechanic’s lien
January 23, 2013
Jennifer NelsonJM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could
not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their
home.
MoreCOA: rehearing petition another example of how DCS ‘dropped the ball’ in case
January 23, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child
removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims
Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part
of the record on appeal.
MoreJudges reverse denial of motion to suppress after car stopped for window tint
January 22, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable
suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint
didn’t justify the stop.
MoreCOA orders court to determine whether driver fired for just cause
January 22, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a
school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.
MoreAppeals court upholds dismissal of Star appeal on rehearing
January 18, 2013
Jennifer NelsonThe Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s
decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.
MoreCourt properly admitted gun into evidence
January 18, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious
violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted
into evidence.
MoreJudges uphold drug possession conviction, reverse habitual offender enhancement
January 18, 2013
Jennifer NelsonA man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family
housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual
offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
MoreCOA affirms man’s conviction of intimidating Dearborn County judge
January 17, 2013
Jennifer NelsonA Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the
judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals
Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and
the judge’s wife could not stand.
MoreFired rabbi loses appeal
January 17, 2013
Jennifer NelsonA Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana
Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated
for other conduct that fell under the ministerial exception.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.