Indiana Court of Appeals
Judges 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.
MorePyle takes oath at robing ceremony
October 16, 2012
Dave StaffordIndiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov.
Mitch Daniels.
MoreCourt upholds conviction for theft of water heater
October 16, 2012
Jennifer NelsonThe Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater
from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
MoreIndiana justices accept 2 cases
October 15, 2012
IL StaffThe Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
MoreJudges reaffirm 2 Weinberger patients’ psychological evaluations
October 12, 2012
Jennifer NelsonIn reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing
him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court
must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
MoreDelayed ordinance publication doesn’t affect power to annex
October 12, 2012
Jennifer NelsonLandowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before
the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should
have barred the annexation.
MoreCOA affirms 5 child molesting convictions
October 11, 2012
Jennifer NelsonThe admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County
was not a fundamental error, the Indiana Court of Appeals held Thursday.
MoreCourt rules in favor of state in taking of property for I-69
October 11, 2012
Jennifer NelsonFor the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in
southwestern Indiana for construction of Interstate-69.
MoreCourt upholds imposition of court costs
October 10, 2012
Jennifer NelsonThe Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to
challenge the imposition of court costs following his murder trial.
MoreCOA split over whether DCS has authority to interview sibling
October 10, 2012
Jennifer NelsonAn Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.
MoreCriminal recklessness code covers firing gun into car
October 9, 2012
Dave StaffordA car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming
a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former
gang ally was a passenger in Goshen.
MoreCOA finds church member’s lack of brotherly love not sufficient to uphold conviction
October 9, 2012
Marilyn OdendahlA criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned
by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
MoreDivided appeals court tosses Boonville annexation
October 9, 2012
Dave StaffordThe Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that
the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
MoreCOA will not reweigh California environmental cleanup decisions
October 9, 2012
Dave StaffordThe Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had
no responsibility to cover environmental cleanup costs at former Thomson plants.
MoreCourt of Appeals reverses and remands inmate’s request for kosher meals
October 9, 2012
Marilyn OdendahlA Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department
of Correction, but his request for kosher meals will get a second review.
MoreDivided appeals court affirms disabled firefighter’s enhanced PERF benefit
October 9, 2012
Dave StaffordA Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension
board, a divided court of appeals panel ruled Tuesday.
MoreDivided court affirms sentence that exceeds statutory authority
October 9, 2012
Dave StaffordA man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the
term, a divided Court of Appeals ruled Tuesday.
MoreAppeals court affirms rejection of HOA ‘abusive junk fee’
October 5, 2012
Dave StaffordA Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals
on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive
junk fee.”
MoreDefendant’s argument should be made to rules committee
October 3, 2012
Jennifer NelsonIn affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana
Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence
Rules Review Committee.
MoreJudges find no misconduct by hospital
October 3, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following
a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel
did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case
– prior to trial.
MoreFraternity pledge loses appeal involving alleged hazing incident
October 2, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity
in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy
Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
MoreTrial court should not have admitted statement to detective
October 2, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a
defendant made to a police detective.
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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.