Indiana Court of Appeals

COA upholds human trafficking conviction

August 20, 2015
Marilyn Odendahl
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.
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Doctor who appealed attorney fees award now owes more

August 20, 2015
Dave Stafford
A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.
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Rehearing upholds drug conviction resulting from traffic stop

August 20, 2015
Marilyn Odendahl
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
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Identification of defendant via phone calls and texts upheld by COA

August 20, 2015
Marilyn Odendahl
A Grant County man argued threatening phone calls could not be linked to him, but he was unable to overcome the testimony by people who knew the sound of his voice.
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Jailhouse calls to girlfriend urging sex with son properly admitted

August 19, 2015
Dave Stafford
A jailed man’s 15 phone calls with his girlfriend urging her to have sex with her learning-disabled son to show he wasn’t gay were properly admitted as evidence that led to his conviction of conspiracy to commit child molesting.
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Court of Appeals affirms man’s domestic battery conviction

August 18, 2015
Dave Stafford
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
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Mom loses appeal against Planned Parenthood

August 17, 2015
Dave Stafford
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
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Fired Polaris technician wins reversal at 7th Circuit

August 14, 2015
Marilyn Odendahl
A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.
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Agreement means what it says, COA rules

August 14, 2015
Marilyn Odendahl
While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.
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Molestation charge dropped against committed incompetent defendant

August 14, 2015
Dave Stafford
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.
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Toyota dealership relocation to Fishers divides appeals court

August 13, 2015
Dave Stafford
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
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Divided COA panel reverses modification of support

August 13, 2015
Dave Stafford
A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.
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Indianapolis panel overreached in adopting Millersville Plan

August 12, 2015
Dave Stafford
A landowner has successfully challenged the Indianapolis Metropolitan Development Commission’s adoption of a plan that reduced potential residential development on 21 acres in the northeast-side community of Millersville.
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Friedlander reflects on half-century in law as retirement nears

August 12, 2015
Dave Stafford
Although he's set to retire later this month, COA Judge Ezra "Zeke" Friedlander will continue to serve as a senior judge. Marion Superior Judge Robert Altice will be taking his place.
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Class-action members did not show illnesses were caused by same meals

August 11, 2015
Marilyn Odendahl
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
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Trial court erred in denying dad custody vs. contemptuous mom

August 11, 2015
Dave Stafford
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
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Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial

August 11, 2015
Dave Stafford
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
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Letter to victim’s mother supports lesser misdemeanor charge

August 7, 2015
Marilyn Odendahl
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
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Pawnshop owner not victim of prosecutorial misconduct

August 7, 2015
Marilyn Odendahl
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Guilty plea stands despite ineligibility for habitual charge

August 7, 2015
Marilyn Odendahl
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
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Reversal: VORP cannot be ordered in sentence

August 7, 2015
Dave Stafford
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
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Failure to read contract no protection against liability

August 6, 2015
Marilyn Odendahl
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
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Wiretap and defamation claims against South Bend councilman allowed to move forward

August 4, 2015
Marilyn Odendahl
Overturning the trial court’s dismissal, the Indiana Court of Appeals is allowing the complaint claiming a South Bend city councilman violated the federal wiretap act and committed defamation to proceed.
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Reversal: Insurer’s acceptance of payment reinstated policy

August 4, 2015
Dave Stafford
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
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Uncertain of meth’s status, COA tosses syringe conviction

August 4, 2015
Dave Stafford
A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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