Indiana Court of Appeals

COA sets aside auction of mobile homes

September 3, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
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Court upholds 3-year sentence for assault on girlfriend

September 3, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.
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Teen has 1 adjudication overturned, must still pay restitution

August 29, 2014
Jennifer Nelson
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
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Man waited too long to ask for return of cash bond

August 29, 2014
Jennifer Nelson
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
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Judges order new rape trial based on inadmissible evidence

August 29, 2014
Jennifer Nelson
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
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COA affirms reduction of incarcerated father’s child support obligation

August 29, 2014
Jennifer Nelson
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
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COA: Break in employment triggered non-compete agreement

August 28, 2014
Jennifer Nelson
A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.
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COA declines to reverse conviction after co-defendant’s conviction overturned

August 27, 2014
Jennifer Nelson
A panel on the Indiana Court of Appeals Wednesday did not agree with a defendant that his conviction of attempted aggravated battery should be reversed based on the reasoning of a separate appeals panel that overturned the same conviction of his co-defendant.
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Termination of drug court placement over missed therapy affirmed

August 26, 2014
Dave Stafford
A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.
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Deputy’s lack of certification not an issue in suspension of license

August 26, 2014
Marilyn Odendahl
A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.
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Court upholds $4.7 million judgment in divorce case, orders hearing on stock interests

August 26, 2014
Jennifer Nelson
In a divorce decree complicated by the husband’s ownership and interest in several construction and development companies, the Indiana Court of Appeals affirmed he must pay his wife more than $4.7 million as an equalization payment, plus any interest accruing after 90 days.
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Court affirms escape conviction for home detention violation

August 26, 2014
Dave Stafford
The Indiana Court of Appeals Tuesday affirmed a Class D felony escape conviction for an Indianapolis man arrested after he broke his home detention curfew.
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COA rules workers’ comp is remedy for temporary employee

August 26, 2014
Marilyn Odendahl
A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.
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Court affirms judgment in favor of insurer over fire damages

August 26, 2014
Dave Stafford
An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.
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Court must make findings in denying visitation for imprisoned dad

August 26, 2014
Dave Stafford
A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.
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Mail not hearsay, COA rules in affirming drug, gun convictions

August 26, 2014
Dave Stafford
A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.
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Negative drug test, prior accusations don’t change molester’s convictions

August 25, 2014
Dave Stafford
The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.
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COA affirms man’s speedy trial request not violated

August 21, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.
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Duke can charge ratepayers for time construction delayed on Edwardsport plant

August 21, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.
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Companies can’t recover attorney fees from general contractor

August 20, 2014
Jennifer Nelson
The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.
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Journey’s Account Statute applies to proposed medical malpractice complaint

August 20, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday affirmed that the Journey’s Account Statute applies to revive a proposed medical malpractice complaint filed on behalf of a woman’s granddaughter as her guardian.
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Scholarship at Indiana Tech pays tribute to Abraham Lincoln

August 19, 2014
IL Staff
Indiana Tech Law School has created the endowed Sara Vaughn Gabbard Scholarship which will award two law students a scholarship for participating in and winning an annual Abraham Lincoln writing competition organized by the school.
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COA affirms child should be raised with half-siblings

August 19, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.
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Court clarifies attorney fee recovery under Trial Rule 34(C)(3)

August 19, 2014
Jennifer Nelson
The Indiana Court of Appeals Tuesday decided that under Indiana Trial Rule 34(C)(3), refusing to comply with a discovery request solely because the parties can’t agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
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Suit alleging unconstitutional school fees fails in COA

August 18, 2014
Jennifer Nelson
A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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