Indiana Court of Appeals

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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Judges reverse dismissal of application to adjust claim

January 14, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.
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COA panel divided on trial court involvement with subpoena

January 12, 2011
Jennifer Nelson
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
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Justices set man's execution date

January 12, 2011
IL Staff
The Indiana Supreme Court has ordered the man convicted of killing his wife, her ex-husband, and her son be put to death in April.
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Court upholds convictions, sentence of a man who shot Indy officer

January 12, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
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Judges find enhancement doesn't violate double jeopardy principles

January 11, 2011
Jennifer Nelson
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
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SCOTUS declines to consider Indiana case

January 10, 2011
Michael Hoskins
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
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Judges reverse man's removal from sex offender list

January 10, 2011
Jennifer Nelson
A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
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COA finds inmate's post-conviction relief process 'confusing'

January 10, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.
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Justices accept 4 cases

January 10, 2011
IL Staff
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
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General Assembly returns for 2011 session

January 5, 2011
Jennifer Nelson
The Indiana Senate and House of Representatives reconvened this afternoon to begin the 2011 long session. The legislators still have time to file bills, but there are already several bills introduced that may affect Indiana courts and the legal community.
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Judge Margret Robb to lead Indiana Court of Appeals

January 5, 2011
Michael Hoskins
Though she’s been on the appellate bench for 12 years, Judge Margret Robb is now adding a new distinction to her judicial title.
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End of a family legacy

January 5, 2011
Michael Hoskins
For the first time since the mid 1950s, the Indiana Judges Association won’t have anyone in the Baker family sitting on the board of managers and being as intimately involved in the group’s activities as they have been for two-thirds of the group’s existence.
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Justices take case involving stillborn fetus and Med-Mal Act

January 4, 2011
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
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Court hits on 2 first impression issues about prejudgment interest

December 30, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that money even when it exceeds insurance policy limits for those types of claims.
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Court clarifies, reaffirms its prior back pay ruling

December 30, 2010
Michael Hoskins
The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.
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Justices reaffirm uniform-contract interpreation approach

December 29, 2010
Michael Hoskins
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.
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COA offers suggestion about judicial notice rule

December 29, 2010
Michael Hoskins
A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.
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Court rules on farm tractor operation case

December 29, 2010
Michael Hoskins
Farm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating a vehicle while intoxicated, according to the Indiana Court of Appeals.
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COA: Trial judges can't expand timetable on filing appeal notice

December 29, 2010
Michael Hoskins
State trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court of Appeals cautioned today.
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COA: Trust not bound by ISTA employment arbitration clause

December 28, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
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Panel criticizes late discovery introduction

December 28, 2010
Michael Hoskins
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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