Indiana Court of Appeals

Appeals on Wheels takes search case to Indianapolis high school

November 18, 2013
IL Staff
Questions of whether evidence should be suppressed in a marijuana possession case will be heard in an Appeals on Wheels oral argument Tuesday afternoon at Lawrence North High School.
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COA: Food odors don’t support granting preliminary injunctive relief

November 14, 2013
Jennifer Nelson
In a dispute over smells from a produce business drifting into neighboring businesses, the Indiana Court of Appeals affirmed that the manager of the shopping plaza is not entitled to preliminary injunctive relief for cooking foods without proper ventilation.
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Injured woman’s insurance policy provisions are in direct conflict

November 14, 2013
Jennifer Nelson
The Indiana Court of Appeals Thursday agreed with a couple that their auto insurance policy is ambiguous because the two-year contractual limitation provision conflicts with another provision requiring full compliance with the contract.
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Possible improper use of risk assessment in sentencing not enough for remand

November 13, 2013
Marilyn Odendahl
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
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Drug-dog sniff after traffic stop was rightly suppressed

November 13, 2013
Dave Stafford
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
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Increased bail is abuse of discretion, panel rules

November 13, 2013
Dave Stafford
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
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COA rules preliminary injunction wrongly extended noncompete agreement

November 13, 2013
Marilyn Odendahl
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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Justices reject Spierer-obsessed man’s appeal of gun confiscation

November 12, 2013
Dave Stafford
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
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COA reverses summary judgment in complaint to recover credit card debt

November 8, 2013
Jennifer Nelson
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
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Judges uphold 54-year sentence of man who asked women to take pics of kids

November 8, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
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COA holds law firms are judgment creditors, owe restitution

November 7, 2013
Jennifer Nelson
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
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Appellate arguments in cancelled IBM contract set for Nov. 25

November 7, 2013
Jennifer Nelson
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
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COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate

November 6, 2013
Jennifer Nelson
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
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Woman’s 35-year sentence upheld following death of stepson

November 6, 2013
Jennifer Nelson
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
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Filings continue to drop, as does funding for Indiana courts

November 6, 2013
Dave Stafford
A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.
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Is a death certificate public information?

November 6, 2013
Marilyn Odendahl
Differing interpretations of statutory language puts the state of Indiana and the Court of Appeals at odds.
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Unemployment checks no longer part of summer break, COA rules

November 5, 2013
Marilyn Odendahl
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.
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Court of Appeals cites snail mail as reason for overturning summary judgment

November 5, 2013
Marilyn Odendahl
While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.
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Trial court errantly suppressed DUI evidence

November 5, 2013
Dave Stafford
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
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Post-conviction claim allowed in DOC placement change

November 5, 2013
Dave Stafford
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
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Appeals court affirms revoked probation after test shows marijuana

November 5, 2013
Dave Stafford
A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.
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Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules

November 5, 2013
Dave Stafford
Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.
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Rehearing on double-jeopardy appeal leads to same conclusion

November 4, 2013
Dave Stafford
An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.
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Retailer properly terminated lease, COA rules in reversal

November 4, 2013
Dave Stafford
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
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Appeals panel rules former same-sex partner has standing to seek visitation

October 31, 2013
Dave Stafford
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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