Indiana Court of Appeals
Perry County only preferred venue for wage suit
May 12, 2011
Jennifer NelsonIn an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court
of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed
by the Commissioner of Labor under the act.
MoreCOA reverses denial of translated version of hearing
May 10, 2011
Jenny MontgomeryThe Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request
to have access to the electronic recording of her guilty plea hearing.
MoreCOA affirms remanded sentence
May 9, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction
could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other
convictions.
MoreCOA affirms perjury, misconduct convictions against children's caseworker
May 6, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the
perjury trial of an Indiana Department of Child Services caseworker.
MoreJudges order modification of dissolution decree
May 5, 2011
Jennifer NelsonThe Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in
value of a property when calculating marital assets and distributing marital property.
MoreAppellate court orders reinstatement of jury verdict
May 4, 2011
Jennifer NelsonFinding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury
verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
MoreLandlord sent itemized letter on time
May 4, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord
did deliver an itemized damages letter within statutory deadlines.
MoreFirst impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreJudges split on stalking conviction
April 29, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on
their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
MoreAppellate court to visit Wabash for arguments
April 28, 2011
IL StaffThe Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
MoreCOA splits on need for evidentiary hearing in revocation
April 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions
to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
MoreCredit-time statute amendment not retroactive
April 27, 2011
Jennifer NelsonAn amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs
is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals
concluded Wednesday.
MoreCOA affirms transfer penalty for nursing home resident
April 26, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman
was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.
MoreJudges address 'public utility' questions
April 25, 2011
Michael HoskinsIn a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s
petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort
of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
MoreCOA rules botched burial does not entitle relatives to award
April 25, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
MoreSocial Security income shouldn't be considered in restitution orders
April 21, 2011
Jennifer NelsonDealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded
when considering a defendant’s ability to pay restitution.
MoreKissing a sleeping victim doesn't constitute sexual battery
April 20, 2011
Jennifer NelsonA victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute,
the Indiana Court of Appeals held Wednesday.
MoreJustices dismiss appeal
April 20, 2011
IL StaffThe Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties
have reached a mediated settlement.
MoreCOA to hear arguments at Ivy Tech campuses
April 19, 2011
IL StaffThe Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery
case.
MoreJudge argues state must prove actual endangerment
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with
Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the
possibility of it.
MoreCourt of Appeals dismisses Bren Simon's appeal
April 18, 2011
IBJ StaffThe Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that
removed her as interim trustee of her late husband’s $2 billion estate.
MoreCOA upholds convictions in Indianapolis Hamilton Ave. murders
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement
in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
MoreJustices accept ordinance case
April 18, 2011
IL StaffThe Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right
to control, regulate, and sell water is actually invalid.
MoreAppellate judges to go to Rochester, Upland for arguments
April 15, 2011
IL StaffOn Tuesday, two panels of Indiana Court of Appeals judges will travel north to hear arguments.
MoreCourt splits on standard used to modify custody
April 14, 2011
Jennifer NelsonEven though the trial court departed from established statutory procedures by using the “best interests” standard
to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!