Court opinions
State didn't prove man used car to keep drug
November 4, 2009
Jennifer NelsonThe 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.
MoreImproper venue doesn't require acquittal
November 3, 2009
Jennifer NelsonEven 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.
MoreYouTube video prejudiced jury
October 30, 2009
Jennifer NelsonThe 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.
MoreInsurance presents first-impression issue
October 30, 2009
Jennifer NelsonThe 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.
MoreCOA: Casinos can't ban card counters
October 30, 2009
Michael HoskinsAn Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of
Appeals ruled today.
MoreInsurer not allowed to substitute party name
October 29, 2009
Jennifer NelsonAn 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.
MoreNo error in sanctions against state
October 28, 2009
Jennifer NelsonA 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.
MoreCOA: Plaintiff class in FSSA suit too broad
October 27, 2009
Jennifer NelsonThe 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.
MoreSupreme Court upholds denial of continuance
October 27, 2009
Jennifer NelsonThe majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying
a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice
argued because of the complexities of the case, the trial court should have granted the couple's motion.
More'Prison mailbox rule' applies to direct appeals
October 23, 2009
Jennifer NelsonThe "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.
MoreCOA reverses dismissal of drug charges
October 21, 2009
Jennifer NelsonA 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.
MoreCOA: Destroyed tape doesn't make record silent
October 20, 2009
Jennifer NelsonThe 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.
MoreSupreme Court considers MySpace statement
October 15, 2009
Rebecca Berfangerhe Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered
his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered
the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury
as evidence of his character, were admissible in court.
More7th Circuit warns attorneys about compliance
October 14, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together"
to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with
two prior drug convictions.
MoreAttorney's fees can come from damages award
October 13, 2009
Jennifer NelsonReasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals
ruled today.
MoreCourt rules on workers' comp dispute
October 13, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation
benefits because there was a dispute over who should pay the benefits.
MoreDissent: new issues can be raised in response
October 9, 2009
Michael HoskinsParties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate
court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
MoreTestimony based on medical journals allowed
October 8, 2009
Michael HoskinsA physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading
of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals
decided.
MoreJudges disagree on when escape occurs
October 7, 2009
Jennifer NelsonThe Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer
walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was
just a violation of prison rules.
MoreFirst impression in utility fee case
October 7, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission
properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
MoreIndiana order doesn't modify Florida order
October 7, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full
amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign
judgment.
MoreRestitution for lost wages an error
October 6, 2009
Jennifer NelsonA trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link
the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
MoreCOA: Annexation should have been granted
October 6, 2009
Jennifer NelsonThe Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden
when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's
ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!