Indiana Court of Appeals
Judges affirm criminal recklessness conviction
December 21, 2012
Jennifer NelsonSomeone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily
injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals
held in a first impression case.
MoreJudges reinstate administrative order to refund excessive title insurance premiums
December 19, 2012
Jennifer NelsonAfter finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging
of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by
the Indiana commissioner of insurance to refund excessive premiums.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreJustices reinstate 80-year sentence
December 19, 2012
Jennifer NelsonDisagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana
Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s
two young daughters.
MorePowers collide in utility rate case charged by ethics scandal
December 19, 2012
Dave StaffordUndue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
MoreState drops charges against mom whose murder, arson convictions were overturned
December 18, 2012
Jennifer NelsonThe state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of
killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new
trial this year.
MoreAttempted ‘hybrid’ defense delay didn’t violate speedy trial rule
December 18, 2012
Dave StaffordA criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender
was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
MoreThe Star asks Supreme Court to review order to name online commenter
December 18, 2012
Dave StaffordThe Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous
commenter who posted messages on its website that became part of a defamation suit.
MoreWoman who invited abusive spouse did not violate no-contact protective order
December 14, 2012
Marilyn OdendahlIn a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did
not criminalize the violation of a protective order by the protected person.
MoreStar seeks rehearing on order to identify online commenter
December 14, 2012
Dave StaffordThe Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper
to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
MoreSplit court upholds $3.9 million workplace injury judgment
December 14, 2012
Dave StaffordWhether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is
a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
MoreCOA reminds ex-spouse that turnips cannot bleed
December 14, 2012
Marilyn OdendahlCalling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease
in her spousal support and reminded her that “one cannot bleed a turnip.”
MoreDivided appeals court affirms denial of incapacity maintenance
December 14, 2012
Dave StaffordA woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge
that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
MoreJudges uphold workers’ comp claim for nurse
December 14, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home
health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument
that the board’s decision was based on the defunct “positional risk doctrine.”
MoreJudges rule legal malpractice claim untimely
December 13, 2012
Jennifer NelsonA family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way
in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of
limitations.
MoreBuilder allowed to foreclose on lien
December 12, 2012
Jennifer NelsonThe Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose
on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
MoreCourt reverses felony convictions stemming from domestic incident
December 11, 2012
Jennifer NelsonThe state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery,
the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
MoreJudges reverse teen’s conspiracy to commit murder conviction
December 11, 2012
Jennifer NelsonThe Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder,
finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance
of a waiver hearing.
MoreJustices deny Bisard’s blood evidence appeal
December 11, 2012
IL StaffThe Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken
driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
MoreCompany’s offer to replace driveway an enforceable agreement
December 10, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company
had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
MoreFailure to report abuse charges to proceed against athletic director
December 10, 2012
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s
attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct
of LaPorte High School’s junior volleyball coach Robert Ashcraft.
MoreCOA rules it doesn’t have jurisdiction over online comment appeal
December 10, 2012
Jennifer NelsonThe Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The
Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in
a lawsuit.
MoreCOA overturns conviction, ruling statements about age not relevant for treatment
December 7, 2012
Marilyn OdendahlA Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements
about his age were hearsay because they were not made specifically for a medical purpose.
MoreCOA: Admitted evidence of 20-year-old crimes requires reversal
December 7, 2012
Dave StaffordA civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated
Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima
facie error.
MoreMajority affirms trial court in failed lease suit
December 7, 2012
Jennifer NelsonThe majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit
brought by the homeowners after the lessees failed to pay their rent.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.