Indiana Court of Appeals
State may take Greene County property for I-69 project
September 13, 2012
Jennifer NelsonThe state may take property in Greene County over the objections of the owners for construction of a portion of Interstate
69, the Indiana Court of Appeals held Thursday.
MoreMan convicted of molestation was denied fair trial
September 12, 2012
Jennifer NelsonA Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching
testimony was admitted in error, the Court of Appeals held Wednesday.
MoreStatute on car window tint not void for vagueness
September 12, 2012
Jennifer NelsonThe Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal,
so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
MoreMan’s barking dogs did not violate noise ordinance
September 12, 2012
Jennifer NelsonAn Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by
just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered
he get rid of two of his dogs.
MoreCOA rules trial court erred in suppressing blood evidence in Bisard case
September 12, 2012
Jennifer NelsonThe blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist
and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana
Court of Appeals ruled Wednesday morning on interlocutory appeal.
MoreSex offender registry listings subject of court appeals
September 12, 2012
Dave StaffordThe 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
MoreCourts tend to side with HOAs on disputes
September 12, 2012
Marilyn OdendahlNo one disputes that Country Squire Lakes Community in Jennings County has decayed from a pleasant welcoming place to live
into a mess of broken down mobile homes where there is fear of crime. They disagree if the change is radical enough to excuse
homeowners from paying dues and assessments to their homeowners association.
MoreCourt of Appeals rejects typo argument in reversing a sentence for child molestation
September 11, 2012
Marilyn OdendahlIn a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected
the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
MoreNeglect conviction, sentence in child’s death affirmed
September 11, 2012
Dave StaffordThe conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana
Court of Appeals ruled Tuesday.
MoreAppeals court reverses termination of father’s rights
September 11, 2012
Dave StaffordThe Department of Child Services failed to prove that a father’s children were removed for cause required under state
statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
MorePost-judgment interest award reversed
September 11, 2012
Dave StaffordAn award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the
Indiana Court of Appeals ruled.
MoreAppeals court upholds judgment for mortgage company
September 11, 2012
Dave StaffordA Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the
Indiana Court of Appeals.
MoreSunburned man gets no relief
September 7, 2012
Marilyn OdendahlThe Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur
in a medical malpractice lawsuit against his dermatologist.
MoreFather’s consent not necessary for adoption to proceed
September 7, 2012
Marilyn OdendahlAdoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of
Appeals has ruled.
MoreCourt correctly ruled toxicology department audit results ‘irrelevant’
September 6, 2012
Jennifer NelsonThe Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of
toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department
from 2007 to 2009, the Indiana Court of Appeals held Thursday.
MoreJudges order new trial based on prosecutor’s comments
September 6, 2012
Jennifer NelsonComments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience
store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals
ruled.
MoreJudges affirm jury instruction was not permitted under Barnes
September 5, 2012
Jennifer NelsonThe Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting
arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana
Court of Appeals held.
MoreMan’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.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.