Indiana Court of Appeals

Senior judge faces discipline case for OWI, alleged cover-up bid

July 15, 2016
Dave Stafford
Indiana Court of Appeals Senior Judge William Garrard will face judicial discipline proceedings after driving drunk in Mooresville last November, colliding with a car and later asking a policeman at the hospital to forget about it.
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Church not entitled to $322,000 on breach of contract claim

July 14, 2016
Jennifer Nelson
A trial court erred when it determined that a church was entitled to $322,000 on its breach of contract claim after its building lessor ordered the church to vacate the premises before the end of its contract, the Indiana Court of Appeals ruled.
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Doctor’s criminal charges provide 2 first impression issues

July 14, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
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COA: Law doesn’t require insurer to provide UIM coverage

July 14, 2016
Jennifer Nelson
A trial court erred by denying an insurance company’s motion for summary judgment regarding underinsured motorist coverage because a law change in 2005 no longer required it to provide that coverage.
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COA won’t rehear injured immigrant worker’s case

July 13, 2016
Jennifer Nelson
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
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COA orders new trial on vicarious liability issue

July 13, 2016
Jennifer Nelson
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
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Evidence supports order to raze uninhabited home

July 13, 2016
Jennifer Nelson
The Grant County Area Plan Commission provided enough evidence to support the trial court’s decision to order a home torn down because it is not up to code and is uninhabitable, the Indiana Court of Appeals ruled Wednesday.
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COA: Trial court properly reinstated demoted police officer’s rank

July 13, 2016
 Associated Press
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
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COA: Plea agreement doesn’t prevent court from considering certain evidence

July 13, 2016
Jennifer Nelson
A Greensburg father who pleaded guilty to felony dangerous control of a child after his young son accidently shot his future stepbrother lost his claim before the Indiana Court of Appeals that the trial court shouldn’t have considered evidence relating to a dismissed charge.
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Brutal Indy home invasion leader gets sentence tweak

July 12, 2016
Dave Stafford
The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.
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Power of attorney may trump guardianship order

July 12, 2016
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
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Plea agreement provision ‘constitutionally suspect,’ COA finds

July 8, 2016
Jennifer Nelson
A man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.
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Continuous crime doctrine requires reversal of 2 domestic battery convictions

July 8, 2016
Jennifer Nelson
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
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Unlicensed social worker must answer accused molester’s questions

July 6, 2016
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that an unlicensed social worker who provided services to the victim of a man accused of molestation is not protected under the counselor/client privilege in I.C. 25-23.6-6.1. As a result, the woman must answer four questions her attorney previously advised her not to answer.
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COA affirms excess damages award in med-mal case

July 5, 2016
Jennifer Nelson
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
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Robber’s use of debit card is forgery, COA affirms

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
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COA reverses lifetime sex offender registration, upholds ban from school property

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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Majority: 2 shoplifting charges not RICO violations

June 30, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
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COA: Failure to give breath test sample was refusal to take test

June 30, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
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COA: Minors’ malpractice suit can continue

June 29, 2016
Scott Roberts
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
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COA: Death during robbery is felony murder

June 29, 2016
Scott Roberts
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
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Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

June 29, 2016
Dave Stafford
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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