Indiana Court of Appeals

Doctor’s criminal charges provide 2 first impression issues

July 14, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
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COA: Law doesn’t require insurer to provide UIM coverage

July 14, 2016
Jennifer Nelson
A trial court erred by denying an insurance company’s motion for summary judgment regarding underinsured motorist coverage because a law change in 2005 no longer required it to provide that coverage.
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COA won’t rehear injured immigrant worker’s case

July 13, 2016
Jennifer Nelson
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
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COA orders new trial on vicarious liability issue

July 13, 2016
Jennifer Nelson
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
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Evidence supports order to raze uninhabited home

July 13, 2016
Jennifer Nelson
The Grant County Area Plan Commission provided enough evidence to support the trial court’s decision to order a home torn down because it is not up to code and is uninhabitable, the Indiana Court of Appeals ruled Wednesday.
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COA: Trial court properly reinstated demoted police officer’s rank

July 13, 2016
 Associated Press
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
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COA: Plea agreement doesn’t prevent court from considering certain evidence

July 13, 2016
Jennifer Nelson
A Greensburg father who pleaded guilty to felony dangerous control of a child after his young son accidently shot his future stepbrother lost his claim before the Indiana Court of Appeals that the trial court shouldn’t have considered evidence relating to a dismissed charge.
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Brutal Indy home invasion leader gets sentence tweak

July 12, 2016
Dave Stafford
The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.
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Power of attorney may trump guardianship order

July 12, 2016
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
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Plea agreement provision ‘constitutionally suspect,’ COA finds

July 8, 2016
Jennifer Nelson
A man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.
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Continuous crime doctrine requires reversal of 2 domestic battery convictions

July 8, 2016
Jennifer Nelson
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
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Unlicensed social worker must answer accused molester’s questions

July 6, 2016
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that an unlicensed social worker who provided services to the victim of a man accused of molestation is not protected under the counselor/client privilege in I.C. 25-23.6-6.1. As a result, the woman must answer four questions her attorney previously advised her not to answer.
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COA affirms excess damages award in med-mal case

July 5, 2016
Jennifer Nelson
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
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Robber’s use of debit card is forgery, COA affirms

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
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COA reverses lifetime sex offender registration, upholds ban from school property

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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Majority: 2 shoplifting charges not RICO violations

June 30, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
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COA: Failure to give breath test sample was refusal to take test

June 30, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
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COA: Minors’ malpractice suit can continue

June 29, 2016
Scott Roberts
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
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COA: Death during robbery is felony murder

June 29, 2016
Scott Roberts
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
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Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

June 29, 2016
Dave Stafford
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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COA: Couple proved adverse possession of land along fence

June 28, 2016
Jennifer Nelson
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
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Judges reinstate woman’s legal malpractice claim

June 28, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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