Indiana Court of Appeals

Theft conviction reversed based on lack of evidence

April 10, 2015
Jennifer Nelson
A man accused of stealing a rangefinder from a southern Indiana Rural King had his conviction reversed Friday by the Indiana Court of Appeals. The judges concluded there was insufficient evidence to support Jeremy Middleton’s conviction.
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COA revises sentence for molestation of stepson

April 10, 2015
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence as well as no errors by the trial court in affirming five molestation convictions of a man involving his stepson. But, the judges believed his nearly 100-year sentence needs revised.
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Judges divided over whether man can belatedly appeal infraction

April 9, 2015
Jennifer Nelson
The majority on the Indiana Court of Appeals concluded that a man challenging a traffic infraction could challenge it on belated appeal, but the dissenting judge believed broadening the post-conviction rules would put additional strain on limited judicial resources.
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COA now recording select 'Appeals on Wheels' arguments

April 9, 2015
IL Staff
When the Indiana Court of Appeals hits the road to hear arguments, some of those will now be recorded and archived online.
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COA: IURC improperly approved utility’s 7-year plan

April 8, 2015
Jennifer Nelson
In the appeal of the Indiana Utility Regulatory Commission’s decision to approve rate increases requested by a northern Indiana utility group under a new statute, the Indiana Court of Appeals concluded the commission erred in approving a seven-year plan that only gave specifics about year one.
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Court declines to interfere in former pastor’s breach of contract suit

April 8, 2015
Jennifer Nelson
A Greensburg pastor who filed a complaint against his former church after they terminated his contract was not able to prove to the Court of Appeals that the courts could review his claims without reference to either church law or doctrine.
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Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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New criminal code not applicable to offenses committed prior to enactment

April 8, 2015
Jennifer Nelson
The Indiana General Assembly explicitly stated that the revised criminal code does not apply to penalties, crimes or proceedings that began before the effective date of July 1, 2014, so a man is not entitled to be sentenced under the more-favorable criminal code, the Indiana Court of Appeals ruled.
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Vet: Unjust civil commitment 'takes everything' away

April 8, 2015
Dave Stafford
A Marine Corps veteran is trying to put his life back together after he was wrongly committed when a court found him gravely disabled and dangerous. His case before the Indiana Supreme Court recently reformed the requirements necessary to deprive the liberty of someone with mental illness.
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Enhancements for different offenses are permissible

April 7, 2015
Marilyn Odendahl
A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.
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Convicted murderer who claims innocence loses PCR appeal

April 7, 2015
Dave Stafford
A man convicted of a 1993 murder in southern Indiana was not wrongly denied post-conviction relief on his argument that his lawyer was ineffective for failing to recommend he take a plea deal, among other things.
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One test enough to uphold methamphetamine conviction

April 7, 2015
Marilyn Odendahl
Despite a second test not being conducted to confirm the presumptive findings, a Cass County man’s drug conviction was upheld after the Indiana Court of Appeals found the state had established reliability of the test performed.
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Reversal: Bank’s refiled foreclosure 'disingenuous,' 'improper'

April 6, 2015
Dave Stafford
A bank won summary judgment in a refiled mortgage foreclosure suit against a bankrupt couple after its first complaint was dismissed, but the Indiana Court of Appeals slapped down the trial court ruling Monday and dismissed the case.
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COA reverses ruling in favor of couple who kept alpacas in residential area

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
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Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
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Questions exist as to whether fiduciary duty was breached

March 31, 2015
Jennifer Nelson
There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.
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Ambiguous probation condition leads to reversal of violation finding

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
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Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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COA orders man resentenced with credit time considered

March 31, 2015
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.
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Similar entrapment argument brings different COA ruling

March 30, 2015
Marilyn Odendahl
Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.
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Split COA reinstates State Fair stage collapse suit

March 30, 2015
Dave Stafford
The company that leased a temporary stage that collapsed in a windstorm killing seven and injuring dozens prevailed in overturning a trial court ruling in favor of the Indiana State Fair Commission. A dissenting appellate judge wrote that the majority placed form over substance in shifting liability to the state.
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COA splits over jury instruction, affirms conviction

March 27, 2015
Marilyn Odendahl
Although the Indiana Court of Appeals split over whether the jury instruction was erroneous, the panel was unanimous in upholding the defendant’s conviction for theft from Walmart.
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Dispute over beach ownership heading back to trial court

March 26, 2015
Marilyn Odendahl
Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.
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Driving 91 mph in 55 zone supports reckless driving verdict

March 26, 2015
Dave Stafford
A driver’s argument that his speed of 91 mph on a 55-mph country road was insufficient evidence of endangerment cut no ice with the trial court, and the Indiana Court of Appeals agreed Thursday.
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Plaintiffs in bar shooting were owed protection

March 25, 2015
Marilyn Odendahl
When a customer pulled a gun and started shooting, the bar had a well-established duty to protect its other customers, the Indiana Court of Appeals has ruled.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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