Indiana Court of Appeals

Reversal: BMV must report driver’s expunged OWI conviction

December 28, 2015
Dave Stafford
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
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6 counties next in line for trial court e-filing

December 28, 2015
 Associated Press
Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.
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Justices take intoxicated motorist case that divided COA

December 24, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
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COA reaffirms reversal of molest convictions for vouching

December 23, 2015
Dave Stafford
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
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Nonprofit ambulance service not entitled to ITCA protections

December 23, 2015
Jennifer Nelson
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
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COA affirms attorney owes ex-assistant thousands in unpaid wages

December 23, 2015
Jennifer Nelson
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
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Reversal: Care facility must pay legal fees after $1M negligence verdict

December 23, 2015
Dave Stafford
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
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South Bend man wins partial reversal of sewer nuisance suit

December 23, 2015
Dave Stafford
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
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COA upholds decision to deny Edinburgh tax deed

December 22, 2015
Jennifer Nelson
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
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Appeals court concerned about fee-shifting provisions in domestic relations cases

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
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COA: Breath test properly admitted

December 21, 2015
Jennifer Nelson
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
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Judge believes restitution order properly entered

December 21, 2015
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Reversal: Expungement petitioner entitled to hearing when prosecutor objects

December 17, 2015
Dave Stafford
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
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COA strikes sentence about laughing jurors in footnote

December 16, 2015
Jennifer Nelson
That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.
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Beer distributor foams at Indiana’s alcohol law

December 16, 2015
Marilyn Odendahl
Monarch Beverage launches another effort to upend limits on liquor wholesalers.
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Fraud claims against insurers wrongly dismissed

December 15, 2015
Dave Stafford
Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.
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‘Inference of discriminatory motive’ in striking juror not reversible error

December 15, 2015
Dave Stafford
The Indiana Court of Appeals noted one of a prosecutor’s reasons for striking a prospective juror in a criminal case “raises an inference of discriminatory motive,” but this was insufficient to reverse a man’s felony resisting law enforcement conviction.
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Reversal: Host owed duty to guest who died after drinking, fight

December 14, 2015
Dave Stafford
The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
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Majority: Sex offender registration not ex post facto law

December 11, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
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Speeding ticket tossed because of invalid Carmel ordinance

December 11, 2015
Jennifer Nelson
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
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Daughter’s emancipation leads to reduction in child support

December 11, 2015
Jennifer Nelson
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
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Court divided over drug sentence

December 10, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.
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Lawyer loses fee appeal against defunct Stewart & Irwin

December 10, 2015
Dave Stafford
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
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Woman sentenced to 215 years for crash deaths loses PCR appeal

December 10, 2015
Dave Stafford
A woman who drove the wrong way on State Road 67 near Martinsville and collided with a minivan killing a man and six children in 2000 lost her post-conviction relief appeal Thursday.
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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