Indiana Court of Appeals
Appeals court partially reverses denial of familial sale from trust
August 14, 2012
Dave StaffordA trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old
mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
MoreWoman unable to prove attorney actions were prejudicial
August 13, 2012
Marilyn OdendahlA woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana
Court of Appeals.
MoreTrial court erred in abrogating homeowner’s obligation to pay fees to HOA
August 13, 2012
Marilyn OdendahlThe Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement
community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
MoreAppeals court affirms molestation conviction
August 13, 2012
Dave StaffordA child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments
that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify
and that the evidence was insufficient.
MoreCourt affirms judgment against home contractor
August 13, 2012
Dave StaffordA home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party
that won the judgment, the Indiana Court of Appeals ruled.
MoreCourt reverses summary judgment in mixed martial arts TV suit
August 10, 2012
Dave StaffordA dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET
Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial
summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
MorePortion of malpractice statute of limitations ruled unconstitutional in some cases
August 10, 2012
Dave StaffordA woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will
go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice
claims unconstitutional in certain cases.
MoreCourt of Appeals orders trial court to re-evaluate child support order
August 9, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated
the mother’s current income and made other errors.
MoreJudges affirm drunk-driving conviction
August 9, 2012
Jennifer NelsonA Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a
Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
MoreMCBA to raise funds for Darden scholarship
August 8, 2012
IL StaffThe Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down
from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden
and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
MoreCOA upholds domestic battery conviction
August 7, 2012
Jennifer NelsonA trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity
to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
MoreTrial court erred in finding provision was liquidated damages clause
August 7, 2012
Jennifer NelsonA forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden
property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday.
The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
MoreCourt affirms judgment for developer, real estate company in suit over sinking home
August 7, 2012
Jennifer NelsonA couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages
because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
MoreMan unable to show prejudice by attorney’s lack of deportation advisement
August 7, 2012
Jennifer NelsonA Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction
relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s
failure to advise him that automatic deportation is a consequence of his guilty plea.
MoreAgreement doesn’t preclude subsequent lawsuit for water damage
August 7, 2012
Jennifer NelsonA release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work
that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage
to their home in 2007, the Court of Appeals held.
MorePyle: COA appointment an ‘awesome honor’
August 7, 2012
Jennifer NelsonGov. Mitch Daniels Tuesday appointed Madison Circuit Judge Rudolph Pyle III to the Indiana Court of Appeals, filling a vacancy
left by Pyle’s mentor, Judge Carr Darden.
MoreGovernor appoints Rudolph Pyle to Court of Appeals
August 7, 2012
Jennifer NelsonGov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana
Court of Appeals left by Judge Carr Darden’s retirement in July.
MoreJudges: Grant bank’s request for receiver
August 6, 2012
Jennifer NelsonBecause PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not
relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of
a receiver was an error, the Indiana Court of Appeals concluded.
MoreCourt affirms convictions of man who shot at teenagers
August 6, 2012
Jennifer NelsonA Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into
his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
MoreCourt rules for city, water company in suit over frozen hydrants
August 3, 2012
Jennifer NelsonThe Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to
operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers
after a fire destroyed a Texas Roadhouse restaurant.
MoreJudges uphold 11-year-old’s reckless homicide adjudication
August 2, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting
his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in
admitting his statement to the investigating officer at the evidentiary hearing.
MoreAppeals court clears hotel in guest's death outside
July 31, 2012
Dave StaffordThe family of a hotel guest who died after falling and hitting his head outside on a cold night may not proceed with a wrongful
death suit against the hotel, the Court of Appeals held in a ruling Tuesday.
MoreSummary judgment upheld in contamination case
July 30, 2012
Dave StaffordThe former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated
soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.
MoreJudges rule state lacks authority to appeal dismissed case
July 30, 2012
Dave StaffordThe Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s
motion to dismiss.
MoreCOA reverses sentencing on grounds it exceeded statutory maximum
July 27, 2012
Marilyn OdendahlThe Indiana Court of Appeals agreed with a defendant that her sentence for a Class A misdemeanor possession of marijuana exceeded
the statutory maximum and remanded the case to the trial court for resentencing.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
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.