Indiana Court of Appeals
Judges affirm dismissal of city’s counterclaim without prejudice
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase
property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation
of the property to be dismissed without prejudice.
MoreRight to Farm Act bars CAFO nuisance claim, appeals court rules
April 30, 2013
Dave StaffordA Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations
to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
MoreSuspended attorney stripped of quiet title to foreclosed home he repaired
April 30, 2013
Dave StaffordA suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without
authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
MoreCOA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a
lesser offense of murder, the Indiana Court of Appeals ruled.
MoreLawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
MoreLaw firm not entitled to summary judgment on complaint seeking payment
April 30, 2013
Jennifer NelsonFinding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf
of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s
complaint for payment.
MoreSummary judgments on federal preemption are reversible error
April 30, 2013
Marilyn OdendahlThe Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments
on the issue of federal preemption.
MoreVincennes did not breach contract with men’s basketball coach
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University
on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for
the following year.
MoreChild support case presents issue of first impression
April 26, 2013
Jennifer NelsonThe Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced
for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and
on that basis refused to enter an educational support order.
MoreCourt split over whether petition for review should be dismissed
April 26, 2013
Jennifer NelsonThe dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by
the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders
and Procedures Act. The majority ordered resolution of the issue on the merits.
MoreMan entitled to benefits for injuries sustained on the job
April 26, 2013
Jennifer NelsonFinding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility
for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured
worker.
MoreCOA: Glove not enough to convict man of burglary
April 25, 2013
Jennifer NelsonWorried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create
a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph
County.
MoreCourt affirms murder conviction of man who killed stepdaughter
April 24, 2013
Jennifer NelsonA southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions
of murder and other charges for stabbing his stepdaughter.
MoreHabitual traffic violator’s conviction upheld
April 24, 2013
Jennifer NelsonInaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license
is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled
Wednesday.
MoreCOA: Driving to avoid potholes isn’t enough to stop car
April 24, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did
not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road
conditions.
MoreWomen Lawyers Association to honor Rush, female jurists
April 24, 2013
IL StaffThe Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second
female justice, during a reception next month.
MoreCOA says argument over wording of robbery statute is issue of first impression
April 23, 2013
Marilyn OdendahlAn argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did
not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
MoreAdmission of violation is too little to revoke probation
April 23, 2013
Marilyn OdendahlA Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary
hearing, the Indiana Court of Appeals has ruled.
MoreCourt of Appeals rethinks previous opinion on traffic stops
April 23, 2013
Marilyn OdendahlCiting several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line
or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
MoreTrial court should have booted the bloody shoe, but conviction stands
April 22, 2013
Marilyn OdendahlThe Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence,
but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.
MoreSelf-defense claim of man who killed 2 fails on appeal
April 19, 2013
Dave StaffordAn Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana
Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
MoreAppeals court overturns suppression of evidence gathered in search
April 19, 2013
Dave StaffordA special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that
led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
MoreMother, wife could consent to search of home for meth
April 18, 2013
Jennifer NelsonA man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s
disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.
MoreCourt orders more proceedings on laborer’s pay
April 18, 2013
Jennifer NelsonThe Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed
he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
MoreCOA reduces $125k judgment against company to $200 in fines
April 18, 2013
Jennifer NelsonFinding that a liability administrative law judge erred in determining that a company that previously operated a call center
in Fishers owed more than $125,000 in unemployment insurance contributions, interest and penalties for a year when the company
had no Indiana employees, the Indiana Court of Appeals reversed.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
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.