Indiana Court of Appeals

Good-faith exception not applicable

November 13, 2009
Jennifer Nelson
An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.
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COA to hear arguments at college

November 13, 2009
IL Staff
As a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods College Nov. 17 to hear arguments in a medical malpractice suit.
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COA: Obama, McCain eligible to be president

November 12, 2009
Jennifer Nelson
More than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack Obama were eligible to run for the office.
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Officer didn't conduct investigatory stop

November 10, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
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Court clarifies responses under T.R. 56(I)

November 10, 2009
Jennifer Nelson
The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
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Officer safety justified opening ajar car door

November 9, 2009
Jennifer Nelson
The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.
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Trial court didn't err in denying mistrial

November 9, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
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COA: Man didn't personally waive right to jury

November 6, 2009
Jennifer Nelson
Because the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving case, the Indiana Court of Appeals reversed his elevated conviction.
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State didn't prove man used car to keep drug

November 4, 2009
Jennifer Nelson
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
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Improper venue doesn't require acquittal

November 3, 2009
Jennifer Nelson
Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.
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YouTube video prejudiced jury

October 30, 2009
Jennifer Nelson
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
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Insurance presents first-impression issue

October 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
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COA: Casinos can't ban card counters

October 30, 2009
Michael Hoskins
An Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of Appeals ruled today.
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Insurer not allowed to substitute party name

October 29, 2009
Jennifer Nelson
An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
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COA to hear arguments in Valparaiso

October 29, 2009
IL Staff
A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
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No error in sanctions against state

October 28, 2009
Jennifer Nelson
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
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COA: Insurers have no duty to defend Cinergy

October 28, 2009
Jennifer NelsonMore

COA: Plaintiff class in FSSA suit too broad

October 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.
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Appellate court travels to Vincennes

October 27, 2009
IL Staff
The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.
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'Prison mailbox rule' applies to direct appeals

October 23, 2009
Jennifer Nelson
The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.
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COA to hear arguments at school

October 23, 2009
IL Staff
The Indiana Court of Appeals travels to Oxford Tuesday to hear arguments in a drug case.
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COA reverses dismissal of drug charges

October 21, 2009
Jennifer Nelson
A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
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COA: Destroyed tape doesn't make record silent

October 20, 2009
Jennifer Nelson
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
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COA to visit ISU for arguments

October 15, 2009
IL Staff
The Indiana Court of Appeals travels to Terre Haute Oct. 19 to hear arguments in an interlocutory appeal of a drug case in which the defendant claims the trial court abused its discretion in denying her motion to suppress.
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Attorney's fees can come from damages award

October 13, 2009
Jennifer Nelson
Reasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals ruled today.
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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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