Indiana Court of Appeals

COA: Trial court did not follow Batson regulations when dismissing Hispanic juror

March 24, 2016
Scott Roberts
A trial court did not follow Batson regulations when dismissing a Hispanic juror before the trial of a man convicted of Class D felony intimidation and Class A misdemeanor domestic battery, and as such the Indiana Court of Appeals reversed his convictions, finding the evidence enough for him to stand trial again.
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Woman can be charged with criminal trespass after entering school

March 24, 2016
Scott Roberts
A woman who entered school property after she was threatened with criminal trespass if she did so can be charged with the crime after the Indiana Court of Appeals upheld a trial court ruling that she had no contractual interest in the school property, despite being a parent in the district.
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COA changes sentence for drunk woman who hit a man with her car

March 23, 2016
Scott Roberts
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
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COA affirms estate no longer has interest in property

March 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a motion to dismiss as well as a motion for summary judgment after a woman sued an estate that no longer has interest in a property because that interest had passed to another person.
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Suit rightly decided for IMPD detective, appeals court rules

March 17, 2016
Dave Stafford
A plaintiff who sought to sue an Indianapolis Metropolitan Police detective for alleged abuses related to a drug search failed to persuade the Indiana Court of Appeals that the officer could be held personally liable.
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Man gets to keep part of farming property

March 17, 2016
Scott Roberts
A man will get to keep part of his farming property after the Indiana Court of Appeals found appointing a commissioner for the property was an impermissible modification of his and his ex-wife’s divorce agreement.
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Shot officer’s suit against gun dealer splits COA

March 17, 2016
Dave Stafford
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
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COA: 82-year-old can return home

March 17, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision by the Delaware Circuit Court that said an elderly woman needed 24-hour care supervision at a nursing facility and allowed her to return home after it found Adult Protective Services did not present sufficient evidence she was involved in a life-threatening emergency.
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COA: Attorneys can rely upon representations of other attorneys

March 16, 2016
Scott Roberts
The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.
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COA: Firm has no private cause of action to gain back fees

March 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
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Appeals court rules Notre Dame police subject to APRA

March 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled Tuesday the University of Notre Dame Police Department is a public agency under the Indiana Access to Public Records Act and is subject to APRA requests, overturning a trial court decision in St. Joseph Superior Court.
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COA: Uninsured man can negotiate hospital bills

March 14, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state’s Hospital Lien Act allows an uninsured hospital patient to negotiate the terms of his contract with the hospital after a man was charged more than $600,000 for a nearly three-month stay.
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COA rules in favor of IHSAA in basketball fight

March 11, 2016
Scott Roberts
The Indiana Court of Appeals reversed a preliminary injunction against the Indiana High School Athletic Association in a case involving a fight between Griffith and Hammond High Schools last year that allowed both schools to participate in the IHSAA tournament. The COA said the trial court improperly added its own judgment and remanded the case to the trial court for further proceedings.
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Wife to receive more in divorce settlement

March 11, 2016
Scott Roberts
A wife will get around $116,000 more in a divorce settlement after the Indiana Court of Appeals found the trial court erred in applying the coverture fraction formula to the husband’s retirement accounts.
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COA overturns trust validity case

March 10, 2016
Scott Roberts
A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.
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Woman’s self-improvement efforts not enough to change sentence

March 10, 2016
Scott Roberts
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
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Bad publicity not enough to justify preliminary injunction

March 10, 2016
Scott Roberts
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
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Denial of jury instruction was correct, COA rules

March 10, 2016
Scott Roberts
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
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Man has to pay back money despite court errors

March 9, 2016
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
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COA denies expungement after man admitted to committing crime

March 9, 2016
Scott Roberts
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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COA: man not entitled to relief under firearms statute

March 3, 2016
Scott Roberts
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
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COA says town didn't defame employee after audit

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision denying a town summary judgment after a former employee claimed defamatory damages when the town fired her after completing an audit.
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COA affirms man not entitled to overtime pay

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man was not entitled to overtime pay because his contract specified as such during his employment.
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COA: Man should have met with state public defender’s office

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed the grant of the state’s motion for summary denial of man’s request for post-conviction relief because his case was not forwarded to the State Public Defender’s Office.
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  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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