Indiana Court of Appeals

Conviction upheld for man who berated ex after protective order

June 13, 2017
Dave Stafford
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
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COA again rejects Evansville’s gun-in-park suit appeal

June 13, 2017
Dave Stafford
A man who sued the city of Evansville after he was forced to leave a park after police spotted him carrying a firearm may proceed with a lawsuit seeking damages and treble attorney fees under a statute that bars municipalities from regulating firearms.
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Tax sale purchasers lose as COA tangles over statutory interpretation

June 12, 2017
Marilyn Odendahl
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
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COA: Lack of allocution notice demands resentencing

June 12, 2017
Dave Stafford
A divided Indiana Court of Appeals remanded a man’s sentencing because a judge failed to directly offer him a chance to speak before sentencing him, instead asking the man’s counsel, who said his client did not wish to speak.
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COA: Man’s actions waived right to speedy trial

June 9, 2017
Olivia Covington
An Indiana man convicted of multiple felony drug charges lost his appeal of his lack of a speedy trial because his actions, including his failure to object to a later trial date, waived his right to such a trial, the Indiana Court of Appeals ruled Friday.
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COA affirms dismissal of manslaughter charges after police, prosecutorial misconduct

June 7, 2017
Olivia Covington
A northern Indiana man charged in connection with the shooting death of his wife will not be tried after a divided Indiana Court of Appeals ruled Wednesday that actions by state officials intentionally meant to hurt the man’s defense would make it impossible for the man to receive a fair trial.
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Judgment against ex-state lawyer vacated in long-running puppy mill case

June 5, 2017
Olivia Covington
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
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COA: Indiana death penalty protocol ‘void’

June 1, 2017
Dave Stafford
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.
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Court: Indiana death penalty protocol ‘void’

June 1, 2017
Dave Stafford
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Department of Correction’s execution protocol.
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COA affirms denial of reinstatement petition for lack of good cause

May 31, 2017
Olivia Covington
A special trial court judge properly denied a Vigo County woman’s petition to reinstate her previously dismissed case, the Indiana Court of Appeals held Wednesday, finding the woman failed to establish good cause for reinstating her case.
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Appellate panel dismisses case already pending in another trial court

May 31, 2017
Olivia Covington
A Marion Superior court erred in denying a man’s motion to dismiss a transfer action against him after police seized nearly $50,000 in suspected drug money from him because an active case related to the transfer was already pending in another court, the Indiana Court of Appeals has ruled.
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Court affirms denial of PCR for drug offender

May 31, 2017
Olivia Covington
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
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COA dismisses sex offender’s ‘premature’ appeal

May 31, 2017
Olivia Covington
A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.
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Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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Legal malpractice arguments focus on whether crime victim lost settlement chance

May 31, 2017
Dave Stafford
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
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Appeal: Commercial court, without notice, put worker out of job

May 31, 2017
Dave Stafford
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
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Long Beach seawall dispute goes back to boards

May 30, 2017
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
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Right of first refusal splits Court of Appeals

May 30, 2017
Marilyn Odendahl
A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.
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COA: Mom cannot show lead cause of boy’s autism

May 30, 2017
Marilyn Odendahl
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
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COA allows nurse practitioner to testify as expert

May 30, 2017
Olivia Covington
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
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COA: Suspended attorney’s failure to litigate attributable to client

May 30, 2017
Olivia Covington
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
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Court affirms weapon, drug convictions after bar incident

May 30, 2017
Dave Stafford
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
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Failure to sign order sends dog dispute back to court

May 30, 2017
Marilyn Odendahl
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
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Appeals panel affirms termination of guardianship

May 30, 2017
Dave Stafford
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
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Reversal: Trial court ordered to revisit CHINS petition

May 26, 2017
Olivia Covington
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  3. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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