Indiana Court of Appeals

Lack of jurisdiction keeps cemetery case in court

November 23, 2016
Olivia Covington
A woman’s fight to bury her mother in a burial site that she had purchased but that was mistakenly resold will continue after the Indiana Court of Appeals found that a small claims court did not have jurisdiction to grant her injunctive relief.
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VA worker’s protective order against Marine reversed

November 22, 2016
Jennifer Nelson
A woman who worked at the Department of Veterans Affairs who obtained a protective order against a patient after he left four notes on her car didn’t prove that the Marine had stalked her and threatened her safety, the Indiana Court of Appeals ruled Tuesday.
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‘Moorish national’ loses appeal of house-squatting conviction

November 22, 2016
Dave Stafford
A man who identifies as a "Moorish National" sovereign citizen immune from state and federal law had no luck persuading the Indiana Court of Appeals to overturn his convictions arising from his occupancy of an Indianapolis house that was being prepared for sale after foreclosure.
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Pence attorney argues public-records law shouldn’t apply to emails

November 21, 2016
Dave Stafford
An attorney for Gov. Mike Pence argued Monday that Indiana’s Access to Public Records Act should not apply to a governor’s emails, prompting the plaintiff seeking those records to call the position chilling and reminiscent of the administration of President Richard Nixon.
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Indiana man cites religious freedom law for not paying taxes

November 21, 2016
 Associated Press
Attorneys for an Indianapolis man have argued before a state appellate court that Indiana's religious freedom law protects him from paying taxes.
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COA: Officers don’t have to relay specifics of their ‘reasonable suspicions’

November 18, 2016
Olivia Covington
Deciding that police officers do not have to relay the specific details of their reasons for being suspicious of a person before an officer stops and detains that person, the Indiana Court of Appeals has rejected a man’s argument that evidence of his possession of a handgun was improperly admitted.
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Judges decline to consider mother’s actions in med-mal case

November 18, 2016
Olivia Covington
The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.
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Tow company that seized, sold cars loses injunction appeal

November 17, 2016
Dave Stafford
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
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Felony conviction affirmed based on ‘into’ definition

November 17, 2016
Jennifer Nelson
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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COA: Incest age defense can’t win post-conviction relief

November 17, 2016
Dave Stafford
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
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Judges must balance timeliness rules with discretion

November 16, 2016
Olivia Covington
Recent decisions from the Indiana Court of Appeals have demonstrated the divide between statutory requirements and judicial discretion when it comes to motions filed after deadline.
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Hill wins AG race as voters retain 4 appellate judges

November 16, 2016
Dave Stafford
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Nov. 8, and voters retained four Court of Appeals judges by wide margins.
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COA dismisses request to make trial court order final

November 15, 2016
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
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COA upholds murder conviction after rejecting involuntary manslaughter appeal

November 15, 2016
Olivia Covington
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
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COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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Rejecting challenge of search, COA affirms cocaine conviction

November 14, 2016
Olivia Covington
Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.
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COA restores mother’s parental rights after incarceration

November 10, 2016
Olivia Covington
A mother’s parental rights to her two children will be restored after the Indiana Court of Appeals found Thursday that the state Department of Child Services failed to prove that removing the children from their mother was in their best interests.
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Meth conviction reversed over toxicology authentication

November 10, 2016
IL Staff
The Indiana Court of Appeals has reversed a man’s conviction of operating a vehicle with meth in his blood and subsequently causing death after finding that the state failed to authenticate the toxicology report that found traces of drug in his blood sample.
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Appellate panel reverses parenting time for remote ex-boyfriend

November 9, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a lower court order granting a man visitation with his ex-girlfriend’s daughter, concluding that third-party visitation should only be granted if it is in the best interests of the child.
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Hill cruises to win in AG race as voters retain appellate judges

November 9, 2016
Dave Stafford
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Tuesday, and voters retained four Court of Appeals judges by wide margins.
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COA: Clinics that gave tainted steroid must face suit

November 7, 2016
Olivia Covington
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
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COA divided over search producing gun, affirms conviction

November 7, 2016
Olivia Covington
The admission of a gun obtained without a warrant from a man later convicted of carrying a handgun without a license did not violate the man’s constitutional protections against unreasonable search and seizure and, thus, does not warrant the reversal of his conviction.
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COA affirms convictions of auto theft, resisting law enforcement

November 4, 2016
Olivia Covington
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
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ISP officer loses whistleblower appeal

November 2, 2016
Dave Stafford
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
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Ex-coach’s defamation claim against Noblesville Schools continues

November 2, 2016
Jennifer Nelson
The common interest privilege does not protect an Indiana high school from a defamation claim brought by its former boys basketball coach based on an altered press released the school sent out after an incident during practice in 2014, the Indiana Court of Appeals ruled Wednesday.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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