Indiana Court of Appeals
Police had reasonable suspicion to stop men, search bag
October 31, 2012
Jennifer NelsonThe Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he
and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony
attempted dealing in methamphetamine.
MoreMan can’t challenge sentence as illegal
October 31, 2012
Jennifer NelsonBecause a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction
relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be
reduced.
MoreCourt affirms man’s sentence for murdering wife
October 31, 2012
Jennifer NelsonA Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his
wife in 2009 should be reduced to the advisory sentence of 55 years.
MoreJustices vacate transfer in business dispute
October 31, 2012
IL StaffAfter hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets
the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
MoreCourt splits over whether approval of entire contract must be voided
October 30, 2012
Jennifer NelsonChief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract
for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail
end use customer” differs from the statutory definition.
MoreJudges focus on juvenile due process in Gingerich murder conspiracy appeal
October 30, 2012
Dave StaffordCourt of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder
had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
MoreAgency erred in adjusting experience account rates after merger
October 30, 2012
Jennifer NelsonThe Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates
for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined
the accounts and adjusted the rates following a merger.
MoreCOA affirms $550,000 med mal verdict; denies appellate attorney fees
October 30, 2012
Jennifer NelsonA Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice
complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure,
the Indiana Court of Appeals held Tuesday.
MoreJudges affirm decision in familial dispute over insurance funds
October 30, 2012
Jennifer NelsonWhen Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that
Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court
that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
MoreJudges amend man’s convictions due to double jeopardy violations
October 29, 2012
Jennifer NelsonBecause the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges,
the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by
the prosecutor during trial.
MoreWoman’s claim for reformation of deed fails
October 29, 2012
Jennifer NelsonA Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her
appeal of a trial court ruling in favor of neighboring property owners.
MoreLaw firm can’t collect attorney fees from insurer
October 25, 2012
Jennifer NelsonRelying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees
it says are owed by a former client from a third-party insurance company following a settlement.
MoreJudges find wired payment timely
October 24, 2012
Jennifer NelsonJudges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business
owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even
though the bank did not receive it until the next day.
MoreMajority affirms couple didn’t establish element of adverse possession
October 24, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges upheld a judgment in favor of landowners on a complaint filed to quiet title in a disputed
area of land, finding the couple seeking to quiet title failed to establish the control element of adverse possession.
MoreCourt revises sentence based on plea agreement language
October 24, 2012
Jennifer NelsonThe Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court
erred by imposing a sentence that violated the terms of her plea agreement.
MoreGingerich trial stirs juvenile advocates
October 24, 2012
Dave StaffordSentenced at 12 for conspiracy to commit murder, Paul Henry Gingerich's appeal claims due process violations.
MoreTerm of imprisonment reduced by half after COA rules sentence does not fit the crime
October 23, 2012
Marilyn OdendahlA man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the
sentence imposed by the trial court was an outlier.
MoreCOA: Judge’s late recusal not reversible error
October 23, 2012
Dave StaffordAn Adams Circuit Court judge who learned that he had previously represented a defendant on trial in his courtroom acted appropriately
when he recused himself but denied a mistrial, the Indiana Court of Appeals ruled.
MoreCourt affirms judgments in pollution case, remands for determination of credit due
October 23, 2012
IL StaffThe Indiana Court of Appeals found no errors in a trial court’s ruling in a dispute over insurance coverage to clean
up a pollution spill at a westside Indianapolis business, but it sent the case back to the trial court for a determination
of credit due an insurer.
MoreCourt of Appeals rules that blinking turn signal not enough to support drug conviction
October 19, 2012
Marilyn OdendahlFinding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals
threw out a conviction for possession of marijuana.
MoreProsecutor error insufficient to reverse murder conviction
October 19, 2012
Dave StaffordA prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a
murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled
Friday.
MoreJudges order habitual offender enhancement vacated
October 18, 2012
Jennifer NelsonA post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender
enhancement, finding a case decided after the man’s direct appeal applies retroactively.
MoreStatute granting DCS immunity applies to nearly all of family’s claims
October 17, 2012
Jennifer NelsonA case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two
issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that
may reside with extended family members involved in the lawsuit.
MoreCOA affirms $55k judgment for couple who purchased wind turbine
October 17, 2012
Jennifer NelsonThe Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that
a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
MoreJudges uphold family has no right of access through neighbor’s property
October 17, 2012
Jennifer NelsonA family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s
property lost before the Indiana Court of Appeals.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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.