Indiana Court of Appeals
Prior knowledge of criminal history allows FSSA to disqualify employment
May 24, 2013
Jennifer NelsonThe Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis
can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access
Act.
MoreAppeals court affirms terminating mother’s parental rights
May 24, 2013
Jennifer NelsonA mother who was close to reunification with her three children, deemed children in need of services, until she battered her
fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
MoreOfficer had probable cause to believe defendant drove while drunk
May 24, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take
a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther
drove his truck while intoxicated and that he knowingly refused to take the chemical test.
MoreCOA: Mother should have challenged income evidence at trial
May 24, 2013
Jennifer NelsonA mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole
custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
MoreCourt affirms giving father custody after mother denies parenting time
May 24, 2013
Jennifer NelsonA LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial
court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
MoreSubcontractor's suit belongs in Hamilton County
May 23, 2013
Jennifer NelsonThe Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county
to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.
MoreCourt rules in favor of insurer in environmental cleanup dispute
May 23, 2013
Jennifer NelsonA release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands
related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones,
the Indiana Court of Appeals ruled.
MoreAttorneys' performances don't require post-conviction relief
May 22, 2013
Jennifer NelsonA LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to
post-conviction relief due to ineffective assistance from his trial and appellate attorneys.
MoreCOA reverses summary judgment for NCAA on negligence claim
May 22, 2013
Jennifer NelsonA woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant
materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence
claim, the Indiana Court of Appeals ruled Wednesday.
MoreDefendant not at fault for failing to timely appeal
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to
his attorney’s death from cancer shortly after the sentencing hearing.
MoreJudges clarify how plaintiff may have case reinstated
May 22, 2013
Jennifer NelsonIn a rehearing requested by a plaintiff whose legal actions were dismissed in Marion Superior Court, the Indiana Court of
Appeals clarified its original holding on how the man may have his actions reinstated.
MoreCasino patron hurt in fall on ice has self to blame, appeals court rules
May 21, 2013
Dave StaffordA casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost
his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.
MoreJuvenile reversal sets new conditional admissions standard
May 21, 2013
Dave Stafford
A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must
handle conditional admission agreements when probable cause is disputed.
'Pleading the Fifth' not the same as admitting to criminal act
May 20, 2013
Marilyn OdendahlA reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself
is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
MoreAppeals panel voids gun conviction, cuts child porn sentence
May 20, 2013
Dave StaffordAn Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most
serious conviction vacated and his sentence reduced to no more than four years.
MoreBailiff’s communication with juror leads to reversal of convictions
May 16, 2013
Jennifer NelsonThe bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the
jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
MoreCOA: Man knowingly pleaded guilty to fraud charge
May 16, 2013
Jennifer NelsonA post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony
failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to
the separate charges in one agreement.
MoreFather’s testimony at molestation trial not fundamental error
May 14, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the
defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
MoreJudges tell trial court to declare commissioner’s order void
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition
for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the
Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory
hearing.
MoreCourt clarifies decision on jury instructions
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial
court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended
that two cases dictated that there was no error by the court.
MoreState not trying to circumvent adverse ruling in refiling charges
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally
dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential
informant.
MoreDenial of post-conviction relief upheld by COA
May 10, 2013
Jennifer NelsonEven if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional
norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t
prejudiced because the trial court explained those consequences.
MoreCOA to trial judges: enter restitution orders at sentencing
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order
within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised
trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
MoreWoman who used FedEx to send med mal complaint didn’t timely file
May 9, 2013
Jennifer NelsonThird-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana
Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations –
but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
MoreJudges reverse teen’s gang-related adjudication
May 9, 2013
Jennifer NelsonThe state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other
juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.