Indiana Court of Appeals

Judges split 3 ways on motorist’s ambiguous response to DUI test

September 24, 2015
Dave Stafford
An apparently intoxicated motorist’s ambiguous reply to an officer’s request to perform a chemical test has resulted in a new, strict standard affirmed by only one of three judges who heard the driver’s appeal.
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Juror’s Facebook link to victim’s family no cause for rape mistrial

September 24, 2015
Dave Stafford
A trial court properly denied a convicted rapist’s bid for a mistrial because a juror failed to disclose she was a Facebook friend with a relative of the victim, the Indiana Court of Appeals ruled Thursday.
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Father wrongly ordered to pay cost of private university

September 23, 2015
Dave Stafford
A trial court wrongly ordered a father to pay college costs for his daughter based on the cost of a private university, the Indiana Court of Appeals ruled Wednesday.
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Evidence of new crimes sufficient to revoke probation

September 23, 2015
Dave Stafford
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
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COA affirms termination of parental rights

September 23, 2015
Dave Stafford
A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.
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Duke rate hike from Edwardsport plant remanded

September 23, 2015
Dave Stafford
The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.
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Dissenting judge: Majority ‘needlessly prolongs’ divorce case

September 22, 2015
Dave Stafford
A divorce case remanded to the trial court for proceedings needlessly prolonged the litigation, a dissenting Court of Appeals judge wrote Tuesday.
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Roommate’s liability in early exit from lease rightly decided

September 22, 2015
Dave Stafford
A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.
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Man loses appeal over predator designation

September 22, 2015
Dave Stafford
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.
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COA reverses priority status for junior creditor in foreclosure

September 22, 2015
Dave Stafford
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.
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COA tosses 40-year sentence and $400,000-plus restitution

September 22, 2015
Marilyn Odendahl
A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.
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Successor owner must pay more to unemployment insurance

September 21, 2015
Marilyn Odendahl
A buyer of an auto parts retail business that used the same name, same signs, same location, same phone number, same inventory, same fixtures, and hired some of the same employees lost his appeal to the finding that he is liable for a higher employer rate as a successor business.
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Conviction affirmed despite Spanish jury waiver form omissions

September 21, 2015
Dave Stafford
A Spanish-speaking litigant failed to persuade an appeals court Monday that omissions on a jury trial waiver form merit reversal of his rape conviction.
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Ex-husband may argue contempt in seeking arrearage

September 21, 2015
Dave Stafford
An ex-husband who a trial court determined is owed $76,173 from his wife’s teacher retirement benefits was wrongly denied an opportunity to argue the arrearage can be pursued through contempt, the Indiana Court of Appeals ruled Monday.
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Split decision: Bicyclist killed by driver can’t sue insurer

September 18, 2015
Dave Stafford
A bicyclist killed by an unlicensed motorist who took her boyfriend’s truck without his permission may not seek damages against the company that insured the truck’s owner, the Indiana Court of Appeals ruled Friday.
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Marshal’s wage suit against town fails on appeal

September 17, 2015
Dave Stafford
A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.
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Rape victim’s work as prostitute does not excuse assault, COA rules

September 17, 2015
Marilyn Odendahl
A felon’s attempt to get his rape conviction overturned because his victim was a prostitute drew a sharp rebuke from the Indiana Court of Appeals.
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Altice robing ceremony set for Monday

September 17, 2015
IL Staff
Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.
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Attorney fees award was reasonable, COA rules

September 16, 2015
Marilyn Odendahl
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.
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Double jeopardy voids two cocaine convictions

September 16, 2015
Dave Stafford
A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.
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Facebook message, other evidence proper in molester’s trial

September 15, 2015
Dave Stafford
Evidence including a Facebook message sent to a 15-year-old girl was properly admitted in the trial of a man convicted of sexually abusing her at knifepoint, the Indiana Court of Appeals ruled Tuesday.
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Widow not entitled to attorney fees in wrongful death case

September 15, 2015
Marilyn Odendahl
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
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COA affirms child support, debt division orders

September 14, 2015
Dave Stafford
The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage. 
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Judges to join students in Constitution Day celebration

September 14, 2015
Marilyn Odendahl
Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.
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Pool appeal sinks Carmel homeowner deeper underwater

September 14, 2015
Dave Stafford
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
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