Indiana Court of Appeals
Man’s additional charges should have been dismissed
September 5, 2012
Jennifer NelsonThe Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges
because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
MorePrevious testimony allowed in murder trial
September 4, 2012
Jennifer NelsonA witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were
correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.
MoreCOA orders judge grant motion for bail bond reduction
September 4, 2012
Jennifer NelsonEven though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting
his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post
a percentage of that to bond out.
MoreJudges disagree over whether car ad implied drivability
September 4, 2012
Jennifer NelsonThe Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s
lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
MoreWorker’s Compensation Act doesn’t give board ability to decide contract construction issue
September 4, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss
a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another
company.
MoreConvicted sex offender appeals requirement to register in Indiana
September 4, 2012
IL StaffA Massachusetts man who pleaded guilty to rape and abuse of a child in that state in 1984 will argue before the Indiana Court
of Appeals Wednesday that he should not have to register in Indiana, where he now lives.
MoreSuit challenging construction of asphalt plant timely filed
August 31, 2012
Jennifer NelsonThe Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner
are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under
this statute.
MoreTeen loses on appeal negligence suit filed for softball injury
August 31, 2012
Jennifer NelsonA Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured
while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.
MoreWoman fails to prove animal fighting statute is unconstitutionally vague
August 31, 2012
Jennifer NelsonA Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs
dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.
MoreJudges: employee discharged for just cause
August 31, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development
that an employee of a funeral home was fired for just cause.
MoreDCS admits petition flawed; COA orders more proceedings
August 31, 2012
Jennifer NelsonThe Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their
young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply
with statute when filing the petition to terminate their parental rights.
MoreCase arising out of molestation not reported by DCS divides court
August 30, 2012
Jennifer NelsonA lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them
of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only
thing the judges agreed on is that the police department is not a proper party to the case.
MoreTrial court erred in land survey dispute
August 30, 2012
Jennifer NelsonAlthough a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did
err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
MoreMining company an insured under contractor’s policy
August 30, 2012
Jennifer NelsonThe mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance
policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
MoreJudges order new trial due to counsel’s deficient performance
August 29, 2012
Jennifer NelsonA Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana
Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
MoreDenial of summary judgment upheld over questions of car ownership
August 29, 2012
Jennifer NelsonThe insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to
whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son
hit a bicyclist.
MoreMedical malpractice caps challenged in Indiana, fall elsewhere
August 29, 2012
Dave StaffordMedical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if
the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
MoreCourt of Appeals finds 2006 statute does apply to 2001 violation
August 28, 2012
Marilyn OdendahlThe Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision
to convict him of committing a sex offender residency offense.
MoreCOA affirms its reversal of trial court in land-use case
August 28, 2012
Dave StaffordProperty owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before
the Indiana Court of Appeals.
MoreIn environmental suit, court properly vacated ruling for Bloomington dry cleaner
August 28, 2012
Dave StaffordA Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment
in the businessman’s favor.
MoreStudent’s delinquency adjudication involving in-school incident reversed
August 28, 2012
Dave StaffordA Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held
the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
MoreCourt of Appeals finds insurer’s intent is not clear in policy language
August 28, 2012
Marilyn OdendahlFinding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s
entry of summary judgment for an insurance company.
MoreInmate loses challenge to law ending certain educational funding
August 28, 2012
Jennifer NelsonThe 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted
felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional
rights, the Indiana Court of Appeals ruled.
MoreMan’s convictions affirmed, but court orders record set straight
August 28, 2012
Dave StaffordAn Indianapolis man lost his criminal appeal Tuesday, but the Indiana Court of Appeals ordered the trial court to correct
an abstract of judgment that incorrectly recorded a felony conviction.
MoreAppeals court affirms order for expert witness to indemnify past employer
August 28, 2012
Dave StaffordAn expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer
must do so, the Indiana Court of Appeals ruled Tuesday.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...