Indiana Court of Appeals

Judge concerned about doctor’s contradictory affidavit

May 27, 2015
Jennifer Nelson
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
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Police did not induce woman to commit prostitution, COA rules

May 27, 2015
Jennifer Nelson
A woman who was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club was not entrapped by the detective, the Court of Appeals held Wednesday.
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Probationer’s admission to smoking marijuana supports revocation

May 27, 2015
Jennifer Nelson
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
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COA upholds man’s belated appeal, molestation conviction

May 27, 2015
Jennifer Nelson
Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.
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Judge believes lack of victim notification of plea supports vacating agreement

May 26, 2015
Jennifer Nelson
A Court of Appeals judge dissented from his colleagues on Tuesday when he voted to support a trial court's decision to throw out a plea agreement on the day of sentencing. The trial court discovered the victim in the case had not been notified of the plea agreement.
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Drug conviction reversed because state didn’t prove substance was heroin

May 26, 2015
Jennifer Nelson
Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man's conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
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COA: No evidence employee violated professional conduct rule

May 26, 2015
Jennifer Nelson
The Indiana Court of Appeals on Tuesday reversed the denial of a man's application for unemployment benefits, finding the record doesn't support that he was fired for just cause for violating his employer's professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
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State proved man forced his way into apartment, COA holds

May 26, 2015
Jennifer Nelson
A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.
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COA reverses felony conviction for lack of evidence

May 22, 2015
Jennifer Nelson
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
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Man’s appellate arguments challenging misdemeanor convictions waived

May 22, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
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ESPN to appeal Indiana judge's ruling on Notre Dame police

May 21, 2015
 Associated Press
ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.
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Savings clause of 2014 criminal code revision not unconstitutional

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
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COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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Woman’s theft, check deception convictions affirmed

May 20, 2015
Jennifer Nelson
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
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Ruling clarifies, broadens admissibility of social media content as evidence

May 20, 2015
Dave Stafford
Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.
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Indianapolis bar owners challenge city’s smoking ban

May 19, 2015
 Associated Press
The Indiana Court of Appeals has heard arguments from the owners of two Indianapolis bars who want to overturn the city's 2012 ban on smoking.
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Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015
Marilyn Odendahl
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state's Seatbelt Act may not be used to prove contributory negligence.
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Justices author dissents in appeal denials

May 19, 2015
Dave Stafford
The Indiana Supreme Court won't hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
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Property owners have no duty for tenant’s free-running dog

May 18, 2015
Marilyn Odendahl
Although the landlords provided the means to restrain the tenant's dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
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6 selected for ICLEO internships

May 18, 2015
IL Staff
Six law school students have been chosen to participate in the 2015 Carr L. Darden Conference for Legal Education Opportunity internship program.
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Court of Appeals interviews to be held June 10

May 18, 2015
IL Staff
Eight judges and lawyers vying for appointment to the Indiana Court of Appeals will be interviewed June 10 by the Indiana Judicial Nominating Commission. The commission will recommend three finalists to Gov. Mike Pence, who will select the person to succeed Judge Ezra Friedlander, who is retiring at the end of August.
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Admission of recording is harmless error

May 15, 2015
Marilyn Odendahl
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
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COA: Rapper’s brokered peace treaty irrelevant in murder case

May 15, 2015
Dave Stafford
A rapper convicted as an accomplice in the murder of Indianapolis disc jockey Thomas Keys failed on appeal to show his brokering of a peace treaty between rival rap groups was wrongly excluded from evidence in his trial.
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Justices acquit two involved in fistfight turned fatal

May 15, 2015
Dave Stafford
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
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Brownsburg annexation opponents win on appeal

May 15, 2015
Dave Stafford
Opponents of the Town of Brownsburg's planned annexation of 4,461 acres to its north prevailed before the Indiana Court of Appeals Friday. The court ruled the trial judge erred in determining he lacked subject matter jurisdiction to determine whether the residents' remonstrance petition was valid.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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