Indiana Court of Appeals

Issues of material fact allow Environmental Legal Actions claim to proceed

September 19, 2014
Marilyn Odendahl
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
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Judgment favoring policeman’s meth-exposure claim reversed

September 19, 2014
Dave Stafford
A police officer who claimed disability resulting from his work dismantling methamphetamine labs had a favorable trial court ruling reversed by the Indiana Court of Appeals Friday.
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Judges disagree over enhanced sentence for child molesting conviction

September 18, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Thursday over whether a Johnson County man convicted of having sex with a 13-year-old girl deserved to have his sentence enhanced above the 30-year advisory sentence.
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COA: Attorney’s calendar mistake doesn’t support relief from judgment

September 18, 2014
Jennifer Nelson
The Indiana Court of Appeals disagreed with a woman’s argument that because she was twice granted extension of time to respond to a summary judgment motion involving her credit card debt, the trial court’s discretion to consider a belated response was preserved.
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COA denies State Farm’s request for new trial on $14.5M defamation verdict

September 16, 2014
Jennifer Nelson
The $14.5 million defamation verdict awarded against State Farm Fire & Casualty Co. in favor of a contractor who accused the insurer of defaming him remains in place after the Indiana Court of Appeals rejected the company’s claim that fraud requires a new trial.
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State’s inaction does not allow man to appeal sentence

September 16, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.
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Court must give man time to object to ex-wife’s motion

September 16, 2014
Jennifer Nelson
A Marion Superior Court erred when it granted a woman’s motion to vacate a hearing on contempt charges against her without giving her ex-husband 15 days to file a response, as permitted under local rules, the Indiana Court of Appeals ruled Tuesday.
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Felony murder convictions upheld in Elkhart home invasion, but sentences amended

September 12, 2014
Jennifer Nelson
The appeals of three teens involved in a daytime home invasion that turned fatal gave the Court of Appeals a chance to examine the felony murder statute and its application for juveniles.
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COA affirms stripping ‘helicopter mom’ of custody of teen son

September 12, 2014
Jennifer Nelson
The decision to modify custody to give a father sole legal and physical custody of his 15-year-old son was not clearly erroneous, the Indiana Court of Appeals ruled. In affirming the decision, the judges noted that the mother is overbearing and has forced the teen to participate in activities he has little interest in.
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Father granted custody after mother seeks relocation

September 12, 2014
Jennifer Nelson
Moving from Floyd County to Scott County so a woman could be closer to her work and live with her boyfriend is not in the best interests of her two young children, the Court of Appeals ruled Friday. The judges affirmed the grant of father’s request to modify custody and child support.
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Omitted information in notice does not bar entry of summary judgment

September 11, 2014
Jennifer Nelson
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred. 
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Judges affirm convictions in fatal home invasion

September 11, 2014
Jennifer Nelson
The state presented sufficient evidence to support a man’s conviction of robbery, which was based on a theory of accomplice liability, the Court of Appeals ruled. The charge stems from a home invasion in St. Joseph County during a family gathering.
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Court declines to review drug sentence based on new criminal code

September 11, 2014
Jennifer Nelson
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
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Court must hold hearing on injunction involving medical practice

September 10, 2014
Jennifer Nelson
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
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COA orders judgment in favor of Lapel in annexation lawsuit

September 10, 2014
Jennifer Nelson
The city of Anderson does not meet the requirements to bring a declaratory judgment action to challenge the town of Lapel’s annexation of land in Madison County that Anderson once considered annexing.
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Appeals court reverses suppression of polygraph in molestation case

September 9, 2014
Dave Stafford
A panel of the Indiana Court of Appeals Tuesday reversed a trial court order suppressing results of a polygraph test against a man who later was charged with child molestation.
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Award of attorney fees reversed in child-support dispute

September 9, 2014
Dave Stafford
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
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Denial of mortgage lender’s license is within state’s authority, COA rules

September 8, 2014
Marilyn Odendahl
The Indiana Court of Appeals found the Indiana Department of Financial Institutions had the authority to deny a mortgage lender originator’s license to an applicant who has a criminal record. 
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Appeals court reverses summary judgment in freezing-fog fall

September 8, 2014
Dave Stafford
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
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Appeals court bounces IURC ruling favoring Duke on Edwardsport plant

September 8, 2014
Dave Stafford
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
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ICRC has jurisdiction in basketball race discrimination case

September 5, 2014
Dave Stafford
The Indiana Civil Rights Commission has jurisdiction in a racial discrimination claim brought by a former basketball player against Cardinal Ritter High School, but the ICRC dropped the ball in the case, the Court of Appeals ruled Friday.
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Summary judgment affirmed in hysterectomy med-mal case

September 5, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
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Appeals court reversal reunites mother and children

September 5, 2014
Dave Stafford
A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.
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Bike rider loses 'no duty to stop' argument in resisting appeal

September 5, 2014
Dave Stafford
A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.
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COA splits on reversal of child molesting conviction

September 4, 2014
Jennifer Nelson
A panel on the Indiana Court of Appeals was divided Thursday over whether a man’s Class A felony child molesting conviction should be overturned. The dissenting judge believed any error by the trial court was harmless, so the conviction should stand.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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