Indiana Court of Appeals

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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District judge asks court to answer certified question

July 2, 2010
Jennifer Nelson
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified question in litigation involving the Indiana Products Liability Act.
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1-year limit toll not extended by appeal

July 1, 2010
Jennifer Nelson
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals ruled today in an issue of first impression.
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COA finds fundamental error in juvenile case, again

June 30, 2010
Jennifer Nelson
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s right to counsel at her detention hearing.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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Water company not a political subdivision

June 29, 2010
Jennifer Nelson
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.
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COA balances free speech vs. minor's privacy rights

June 29, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
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COA reverses judgment on 1 cross-claim in library appeal

June 28, 2010
Jennifer Nelson
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach of professional standard of care, the Indiana Court of Appeals ruled today.
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Appeals court rules on corporate subsidiaries case

June 25, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled against a Bluffton electric company, finding that corporations can’t simply create subsidiaries internally and declare them separate entities in order to avoid paying higher tax rates under state unemployment compensation law.
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Court rules on appellate counsel issue in child molesting case

June 25, 2010
Michael Hoskins
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second highest appellate court has ruled.
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Justices adopt appellate court findings

June 25, 2010
Michael Hoskins
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.
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Judges affirm elevated drug convictions

June 24, 2010
Jennifer Nelson
The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.
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Translated transcripts necessary for jury

June 23, 2010
Jennifer Nelson
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
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Justices dismiss DCS transfer petition

June 23, 2010
IL Staff
The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the Indiana Court of Appeals ruled in favor of the DCS.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. 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)

  4. 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)

  5. 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.

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