Indiana Court of Appeals

State appellate courts to open at 1 p.m.

January 7, 2014
IL Staff
The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.
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Appellate courts, state offices delay Monday opening

January 3, 2014
IL Staff
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Appeals panel affirms denial of post-conviction relief

December 31, 2013
Dave Stafford
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
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Fatal accident leads COA to examine boating statute

December 31, 2013
Jennifer Nelson
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
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Panel dismisses contempt appeal as moot

December 31, 2013
Dave Stafford
A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.
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New Castle denied appellate legal fees in frivolous suit

December 31, 2013
Dave Stafford
A New Castle couple doesn’t have to pay the city’s appellate legal fees in its appeal of a frivolous litigation ruling, but they still must pay New Castle’s legal bills for the trial court filing.
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COA affirms post-conviction relief for ineffective counsel

December 27, 2013
Dave Stafford
A man who was convicted of multiple felonies related to a two-day instance of domestic violence in which he “terrorized” his girlfriend in their apartment will be resentenced on a lesser charge on one conviction.
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Appeals court affirms out-of-state placement of child with father

December 27, 2013
Dave Stafford
A mother whose son was placed with his father in California after the Department of Child Services found her children to be children in need of services failed to convince a panel of the Indiana Court of Appeals that the placement was erroneous or that the DCS didn’t make a reasonable effort to preserve the family.
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Exclusive appeal notice filing with state clerk begins Jan. 1

December 27, 2013
IL Staff
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
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Humvee maker, defense giant BAE wrangle over $277M judgment

December 26, 2013
Dave Stafford
A dispute over the true cost of Humvee body armor rushed to the battlefield in the deadliest days of the Iraq war has resulted in a court battle that includes suggestions that one of the world’s top defense contractors may have serious business problems as it argues against posting full security for a $277 million judgment.
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Judges rule couple did not release medical providers from liability

December 23, 2013
Jennifer Nelson
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
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COA: Deputy not justified in entering backyard

December 23, 2013
Jennifer Nelson
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
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Newburgh ordinance allows it to block town from providing sewer service

December 23, 2013
Jennifer Nelson
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
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Gender change does not void Indiana marriage

December 20, 2013
Jennifer Nelson
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
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Admission of return of service did not violate Confrontation Clause

December 20, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
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Judges affirm criminal reckless conviction

December 20, 2013
Jennifer Nelson
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Judges split on whether jury instruction erroneous

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
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COA: Jury adequately instructed on presumption of innocence

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
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Man’s molestation post-conviction bid fails on appeal

December 19, 2013
Dave Stafford
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
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Appeals court slashes contamination award from $154,632 to $7,383

December 19, 2013
Dave Stafford
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.
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Wife barred from inheritance because of adulterous relationship

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
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Accomplice’s murder conviction upheld

December 19, 2013
Jennifer Nelson
A woman who threatened that her baby’s father and his brother would kill the man who punched her several times had her conviction of murder upheld by the Indiana Court of Appeals. She sat in a car while with the boyfriend and his brother killed the man.
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Court affirms insurer must cover environmental cleanup costs

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed an order that an insurer pay post-notice costs of nearly $34,000 to its insured in an environmental cleanup in Mooresville.
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Question over who should have mown grass prevents summary judgment

December 18, 2013
Marilyn Odendahl
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
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COA: County officials not bound to collective bargaining agreement

December 18, 2013
Jennifer Nelson
An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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