Indiana Court of Appeals

COA affirms that petition is not a fishing expedition

September 4, 2015
Marilyn Odendahl
The request to depose three elderly witnesses is not an attempt by a landowner to fish for facts, the Indiana Court of Appeals has ruled.
More

Claims for old debt are forever barred

September 3, 2015
Marilyn Odendahl
A dissolved corporation that did not object sooner cannot now demand payment on an old debt, the Indiana Court of Appeals has ruled.
More

Altice sworn in as Court of Appeals judge

September 2, 2015
IL Staff
Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement.
More

Adoption affirmed due to biological dad’s lack of communication

September 2, 2015
Dave Stafford
A child’s biological father with a long history of incarceration for crimes including burglary and forgery lost an appeal of the child’s stepfather’s adoption petition.
More

CHINS ruling splits Court of Appeals

September 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals reversed a Child in Need of Services adjudication, ruling the child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
More

Lack of evidence gets criminal confinement conviction dropped

September 2, 2015
Marilyn Odendahl
A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
More

Admitting evidence of ‘signature’ crime was harmless error

August 31, 2015
Dave Stafford
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
More

COA affirms on rehearing ruling against revenue department

August 31, 2015
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
More

Incomplete contempt orders get reversed

August 31, 2015
Marilyn Odendahl
A trial court’s multiple contempt orders against a father have been overturned after the Indiana Court of Appeals found they did not “clearly and distinctly” state the reasons for the contempt citations.
More

Court of Appeals green lights Boonville annexation

August 28, 2015
Marilyn Odendahl
The fourth time has proven to be a charm for the city of Boonville as the Indiana Court of Appeals is allowing the municipality to annex more than 1,000 acres over the objections of several landowners.
More

COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015
Dave Stafford
A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.
More

Go-it-alone defendant has hard day in court

August 28, 2015
Marilyn Odendahl
A pro se defendant who changed his mind and asked for counsel mid-trial instead got a lesson in legal precedent.
More

Pro se plaintiff wins appeal round vs. DOC

August 28, 2015
Dave Stafford
A pro se plaintiff who claimed property seized from him in a “strip cell” disciplinary action and wasn’t returned will have his day in court after the Indiana Court of Appeals reinstated his claim Friday.
More

Grandmother granted too much visitation time, COA rules

August 28, 2015
Dave Stafford
A paternal grandmother was properly granted visitation time with her granddaughter, but the Indiana Court of Appeals ruled Friday the court abused its discretion by awarding too much visitation time.
More

Counterclaim in assault gets tossed

August 27, 2015
Marilyn Odendahl
A party guest arrested for allegedly assaulting two sheriff’s deputies was two months too late in filing a counterclaim.
More

Taking of pills, keys and car raises single larceny argument

August 26, 2015
Marilyn Odendahl
When Seth Curtis, wielding a gun, climbed back over the pharmacy counter, he had a bag containing Opana pills and the keys belonging to a pharmacy technician’s car. Seconds later, he exited the store, located the car and drove away.
More

Reversal: DUI convictions violate double jeopardy

August 26, 2015
Dave Stafford
A man who pleaded guilty to a pair of drunken-driving charges was improperly convicted on both counts, the Indiana Court of Appeals ruled Wednesday, vacating one of the convictions.
More

Fencer injured while watching bout loses negligence appeal

August 26, 2015
Dave Stafford
A college fencer who suffered a severe eye injury while she stood in the area reserved for participant spectators failed to convince an Indiana Court of Appeals panel to reinstate a negligence suit she filed against two sports sanctioning bodies.
More

COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
More

COA ceremonies set for Friedlander and Altice

August 25, 2015
IL Staff
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
More

COA splits over railroad benefits in divorce case

August 24, 2015
Dave Stafford
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
More

Father who moved before divorce retains custody

August 21, 2015
Dave Stafford
The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.
More

COA upholds human trafficking conviction

August 20, 2015
Marilyn Odendahl
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.
More

Doctor who appealed attorney fees award now owes more

August 20, 2015
Dave Stafford
A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.
More

Rehearing upholds drug conviction resulting from traffic stop

August 20, 2015
Marilyn Odendahl
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
More
Page  1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT