Indiana Court of Appeals

Appeals court affirms tax sale notice statute unconstitutional

July 16, 2012
Dave Stafford
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
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In-court marijuana field test ruled error, but not reversible

July 16, 2012
Dave Stafford
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
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Appeals court upholds rape conviction

July 13, 2012
Dave Stafford
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
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Divided appeals court affirms summary judgment for community action program

July 13, 2012
Dave Stafford
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
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Court reverses ruling in Plymouth church insurer's suit against contractors

July 13, 2012
Dave Stafford
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
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Man who killed girlfriend may be retried for reckless homicide

July 12, 2012
Jennifer Nelson
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
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Indianapolis man appointed to Judicial Nominating Commission; Interviews scheduled for Supreme Court vacancy

July 6, 2012
Dave Stafford
Ryan Streeter, of Indianapolis, has been appointed to the Indiana Judicial Nominating Commission to serve the remaining months of a term following the resignation of member Fred McCashland.
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Drunken driving conviction affirmed; lesser included charge vacated

July 5, 2012
Dave Stafford
A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.
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Appeals court upholds, tweaks division of IRA in divorce

July 5, 2012
Dave Stafford
A husband’s individual retirement account is a divisible asset in a divorce, the Indiana Court of Appeals ruled, but it ordered the trial court to revise the award to reflect an equal division of both parties’ assets.
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Pilot project will introduce video transcripts in 3 courts

July 4, 2012
Dave Stafford
Three Indiana courts are weeks away from beginning an unprecedented experiment: recording proceedings with digital video that will form the official trial court record.
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Projects will expedite transcripts, require appellate e-filing in some courts by Aug. 1

July 4, 2012
Dave Stafford
The conversion of three Indiana courts to video transcripts is one of three pilot projects that will start in selected courts in the next several weeks, all of them intended to find ways to make the appeals process thriftier and more efficient.
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Mom's contempt judgment affirmed in educational support dispute

July 3, 2012
Dave Stafford
The Indiana Court of Appeals on Tuesday affirmed a trial court’s finding that a mother was in contempt for violating a court order on educational support for her college-age daughter and that she pay a recalculated proportion of those costs and the father’s attorney fees.
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Appellate judges affirm previous decision in paternity dispute

July 3, 2012
Dave Stafford

A divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.

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PNC entitled to summary judgment under res judicata

July 3, 2012
Kelly Lucas
The Indiana Court of Appeals affirmed the ruling of the Marion Superior Court that granted summary judgment in favor of the defense in Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage Inc. v. PNC Bank, N.A. f/k/a National City Bank of Indiana, 49A02-1111-PL-1004.
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Trial in absentia did not violate due process

July 3, 2012
Kelly Lucas
The due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.
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Legal nullity sends zoning decision back to BZA

July 3, 2012
Kelly Lucas
The Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards variance with a void condition was a legal nullity.
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Carmel police officer discharged for just cause

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.
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COA: mentally handicapped parents not immune from termination proceedings

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t be removed from her care because of her mental faculties.
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Judges deny bail for man charged with killing 2 children

June 29, 2012
Jennifer Nelson
The Evansville man accused of setting fire to a home he shared with his girlfriend and her two children – which killed the children – and then fleeing will remain in jail awaiting his August trial, the Indiana Court of Appeals held.
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Unreliable evidence weighing reduces Elkhart meth dealing conviction

June 28, 2012
Dave Stafford
Elkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him on a lesser charge.
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Appellate courts may consider credit time status

June 27, 2012
Jennifer Nelson
Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.
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NRC may dictate placement of pier

June 27, 2012
Jennifer Nelson
A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.
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Court upholds former DCS worker’s child molesting convictions

June 27, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the 24-year sentence imposed on a former Hamilton County Department of Child Services’ case manager found guilty of molesting his cousin’s son.
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Judges reverse football player’s operating while intoxicated conviction

June 27, 2012
Jennifer Nelson
The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.
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COA: exhaust administrative remedies before filing appeal

June 26, 2012
Jennifer Nelson
Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.
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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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