Indiana Court of Appeals

Judgment reserving funds for mechanic’s lien reversed

June 26, 2015
Dave Stafford
A trial court judgment that a mortgage company reserve money to satisfy a mechanic’s lien was reversed by the Indiana Court of Appeals on Friday.
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Warsaw poker game operator’s conviction flushed

June 26, 2015
Dave Stafford
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
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Appeals panel reverses expungement denial

June 26, 2015
Dave Stafford
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
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Woman’s comments to police considered political speech, COA rules

June 25, 2015
Jennifer Nelson
The Indiana Court of Appeals overturned a woman's misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
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Judges deny sentence modifications, but for different reasons

June 25, 2015
Jennifer Nelson
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges' reasoning for the denials differed.
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COA strikes portion of Indy no-smoking ordinance

June 24, 2015
Jennifer Nelson
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
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ITCA does not apply to lawsuit challenging local firearm law

June 24, 2015
Jennifer Nelson
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
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COA senior law clerk to become court’s new administrator

June 24, 2015
IL Staff
Attorney Larry L. Morris will succeed Steve Lancaster as the new court administrator for the Indiana Court of Appeals, effective October 1, the court announced Wednesday. Lancaster will retire in September after 20 years with the court.
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New-crime exception applies in Indiana

June 24, 2015
Jennifer Nelson
Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.
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COA split over company’s duty following propane accident

June 24, 2015
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday over whether a company that supplied a propane tank which was hooked up to a mobile home without the company’s permission owed a duty to a couple injured after an explosion in that home.
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COA affirms father in contempt for not paying education expenses

June 24, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding of a trial court that a daughter did not repudiate her father following a fall out over a car, so her father was required to continue paying her post-secondary educational expenses.
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Inmate not entitled to revised sentence under amended statute

June 24, 2015
Jennifer Nelson
Although the recently amended sentence-modification statute now applies to an inmate seeking to revise his sentence, the Indiana Court of Appeals affirmed the denial of Ivan Vazquez’s petition due to untimely filing.
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Justices take fired principal, battery cases

June 23, 2015
IL Staff
The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.
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COA split over whether officer had suspicion suspect was armed

June 23, 2015
Jennifer Nelson
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
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Post-conviction relief unavailable for traffic infractions

June 22, 2015
Jennifer Nelson
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
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Teen’s arrest did not violate 4th Amendment

June 22, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
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Record supports capping trustee fees at 1.5 percent

June 19, 2015
Jennifer Nelson
A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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No error in granting variance for pet boarding facility

June 18, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
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Inmate’s failure to comply with ITCA dooms lawsuit

June 18, 2015
Jennifer Nelson
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
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Court split over whether man must remain on sex offender registry

June 17, 2015
Jennifer Nelson
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.
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State failed to show defendant conspired to rob gas station

June 17, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
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COA finalists await governor's selection

June 17, 2015
Dave Stafford
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
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Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
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Reversal: IDACS error no basis to suppress meth evidence

June 12, 2015
Dave Stafford
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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