Indiana Court of Appeals

Requiring deaf mom to sign doesn’t violate due process

July 30, 2014
Dave Stafford
A mother whose parental rights were terminated was not denied due process when a judge who couldn’t understand her spoken testimony required her to sign to an interpreter who then spoke her responses aloud.
More

Court affirms judgment for NIPSCO in easement dispute

July 30, 2014
Dave Stafford
A trial court was correct in awarding a northern Indiana utility company $245,858 for the cost of reconstructing power lines on a new easement after prior owners had mined sand on the prior easement, making servicing poles difficult.
More

Court affirms denial of post-conviction relief

July 30, 2014
Dave Stafford
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
More

Denial of summary judgment affirmed in wrongful death case

July 30, 2014
Dave Stafford
A doctor and a South Bend healthcare facility must stand trial on a wrongful death claim, the Indiana Court of Appeals held Wednesday, affirming a trial court’s denial of summary judgment.
More

Law firm sued over med-mal fees prevails on appeal

July 30, 2014
Dave Stafford
An Indianapolis law firm was properly granted summary judgment in a lawsuit brought by a former client in a medical malpractice lawsuit, the Indiana Court of Appeals ruled Wednesday.
More

Deputy’s ‘playful’ groin shot not cause for termination, COA affirms

July 30, 2014
Dave Stafford
A longtime Bartholomew County merit deputy disciplined after he “playfully shot a fellow officer in the groin with non-lethal training ammunition” was not fired for cause, the Indiana Court of Appeals ruled in affirming an administrative law judge’s determination the deputy was entitled to unemployment benefits.
More

Decision against travel bureau over domain name draws sharp dissent on appeal

July 30, 2014
Dave Stafford
An Indiana Court of Appeals judge recently wrote that her colleagues who formed the majority to rule against a local tourism board were “out of touch,” and she suggested a case over an Internet domain name presented a novel issue that no court in the country has addressed.
More

Police questioning gets conviction booted a second time

July 29, 2014
Marilyn Odendahl
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
More

Warrantless search based on smell does not violated 4th Amendment

July 28, 2014
Marilyn Odendahl
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
More

COA rules grandparent visitation order prejudiced father

July 28, 2014
Dave Stafford
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
More

Court rules stun gun is deadly weapon under battery statute

July 28, 2014
Dave Stafford
The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.
More

Non life-threatening injury gets aggravated battery conviction reversed

July 28, 2014
Marilyn Odendahl
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
More

Employee's auto accident on way home from business meeting not company's fault

July 25, 2014
Marilyn Odendahl
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
More

COA reverses ruling against Carmel in building dispute

July 25, 2014
Dave Stafford
A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.
More

Additional public defender fees without hearing affirmed

July 25, 2014
A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.
More

Woman’s burglary conspiracy conviction affirmed

July 25, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed the conviction of a correctional officer who played a role in arranging the burglary of a safe from a friend’s home.
More

Appeals court affirms denial of post-conviction relief

July 25, 2014
Dave Stafford
A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.
More

Ex-IMPD officer claims juror misconduct, denied due process

July 24, 2014
Jennifer Nelson
The former Indianapolis police officer convicted of killing one motorcyclist and injuring two others when he hit them while driving his patrol car in 2010 argues in his brief filed Wednesday that he is entitled to a new trial.
More

Summary judgment proper on issue of causation, COA rules

July 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.
More

Man can be charged for failing to register in 2 counties

July 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial on a charge of failing to register as a sex offender in Vanderburgh County, ruling that a man can be charged in that county even though he pleaded guilty to failing to register in a different county based on the same move.
More

Illinois law applies to accident in that state involving Hoosiers

July 22, 2014
Jennifer Nelson
A trial court properly held that Illinois substantive law is applicable to a collision that occurred in Illinois between two Indiana residents, the Court of Appeals concluded Tuesday.
More

Court erred in denying nursing home’s motion to compel arbitration

July 22, 2014
Jennifer Nelson
A trial court incorrectly concluded that an arbitration agreement contained in a nursing home’s facility admission agreement was ambiguous because the parties bound by the agreement are not clearly named, the Indiana Court of Appeals held Tuesday.
More

City fails to prove urine sample arrived at lab with seal intact

July 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.
More

COA splits over whether pat down after traffic stop was justified

July 22, 2014
Jennifer Nelson
A majority on the Indiana Court of Appeals concluded that a trial court abused its discretion when it denied a man’s motion to suppress drug evidence found on him after police pulled him over for failing to signal a turn. But the dissenting judge believed the arresting officer had sufficient reason to think the defendant might be armed and dangerous during their encounter.
More

Mom can’t receive damages based on daughter’s injuries caused by mold

July 21, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.
More
Page  << 41 42 43 44 45 46 47 48 49 50 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. 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

  3. 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.

  4. 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?

  5. 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

ADVERTISEMENT