Indiana Court of Appeals
Court reverses ruling in Plymouth church insurer's suit against contractors
July 13, 2012
Dave StaffordThe Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium
addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
MoreMan who killed girlfriend may be retried for reckless homicide
July 12, 2012
Jennifer NelsonThe post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter
in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the
same charge, but may face retrial for reckless homicide.
MoreIndianapolis man appointed to Judicial Nominating Commission; Interviews scheduled for Supreme Court vacancy
July 6, 2012
Dave StaffordRyan Streeter, of Indianapolis, has been appointed to the Indiana Judicial Nominating Commission to serve the remaining months
of a term following the resignation of member Fred McCashland.
MoreDrunken driving conviction affirmed; lesser included charge vacated
July 5, 2012
Dave StaffordA Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the
court ordered a lesser included charge on which the driver was convicted be merged.
MoreAppeals court upholds, tweaks division of IRA in divorce
July 5, 2012
Dave StaffordA husband’s individual retirement account is a divisible asset in a divorce, the Indiana Court of Appeals ruled, but
it ordered the trial court to revise the award to reflect an equal division of both parties’ assets.
MorePilot project will introduce video transcripts in 3 courts
July 4, 2012
Dave StaffordThree Indiana courts are weeks away from beginning an unprecedented experiment: recording proceedings with digital video that
will form the official trial court record.
MoreProjects will expedite transcripts, require appellate e-filing in some courts by Aug. 1
July 4, 2012
Dave StaffordThe conversion of three Indiana courts to video transcripts is one of three pilot projects that will start in selected courts
in the next several weeks, all of them intended to find ways to make the appeals process thriftier and more efficient.
MoreMom's contempt judgment affirmed in educational support dispute
July 3, 2012
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a trial court’s finding that a mother was in contempt for violating
a court order on educational support for her college-age daughter and that she pay a recalculated proportion of those costs
and the father’s attorney fees.
MoreAppellate judges affirm previous decision in paternity dispute
July 3, 2012
Dave StaffordA divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.
PNC entitled to summary judgment under res judicata
July 3, 2012
Kelly LucasThe Indiana Court of Appeals affirmed the ruling of the Marion Superior Court that granted summary judgment in favor of the
defense in Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage Inc. v. PNC Bank, N.A. f/k/a National City
Bank of Indiana, 49A02-1111-PL-1004.
MoreTrial in absentia did not violate due process
July 3, 2012
Kelly LucasThe due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated
when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.
MoreLegal nullity sends zoning decision back to BZA
July 3, 2012
Kelly LucasThe Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded
to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards
variance with a void condition was a legal nullity.
MoreCarmel police officer discharged for just cause
June 29, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel
police officer was fired, but not for just cause.
MoreCOA: mentally handicapped parents not immune from termination proceedings
June 29, 2012
Jennifer NelsonThe Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination
of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t
be removed from her care because of her mental faculties.
MoreJudges deny bail for man charged with killing 2 children
June 29, 2012
Jennifer NelsonThe Evansville man accused of setting fire to a home he shared with his girlfriend and her two children – which killed
the children – and then fleeing will remain in jail awaiting his August trial, the Indiana Court of Appeals held.
MoreUnreliable evidence weighing reduces Elkhart meth dealing conviction
June 28, 2012
Dave StaffordElkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court
of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him
on a lesser charge.
MoreAppellate courts may consider credit time status
June 27, 2012
Jennifer NelsonIndiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted
felon when reviewing a sentence, the state Supreme Court ruled Tuesday.
MoreNRC may dictate placement of pier
June 27, 2012
Jennifer NelsonA family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family
must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence,
the Indiana Court of Appeals ruled.
MoreCourt upholds former DCS worker’s child molesting convictions
June 27, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the 24-year sentence imposed on a former Hamilton County Department of Child Services’
case manager found guilty of molesting his cousin’s son.
MoreJudges reverse football player’s operating while intoxicated conviction
June 27, 2012
Jennifer NelsonThe Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination
of which conviction should be vacated after a finding of double jeopardy.
MoreCOA: exhaust administrative remedies before filing appeal
June 26, 2012
Jennifer NelsonBecause a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis
facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s
appeal.
MoreJudges find no error in division of marital assets
June 26, 2012
Jennifer NelsonThe Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the
trial court erred in its calculation of how much the ex-husband owes in child support.
MoreLanguage of easement allows parking
June 26, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park
its cars on that easement.
MoreWoman’s tort claim notice insufficient
June 26, 2012
Jennifer NelsonA trial court improperly granted summary judgment to a woman on whether her notice to the city of Indianapolis was sufficient
to inform it of a potential personal injury claim, the Indiana Court of Appeals ruled.
MoreAppeals court affirms breach ruling in truck dispute
June 25, 2012
Dave StaffordThe Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with
a purchaser who defaulted after assuming payments on a Freightliner truck.
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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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!