Indiana Court of Appeals

Opinion examines use of sole eyewitness testimony

June 13, 2012
Jennifer Nelson
The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.
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Judges reverse CHINS determination

June 13, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
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Justices find evidence supports intent to commit theft

June 13, 2012
Jennifer Nelson
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
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Appeals court finalists list formally sent to Daniels

June 11, 2012
IL Staff
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
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Man's murder sentence upheld in abduction slaying

June 11, 2012
Dave Stafford
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
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Drug dealing, possession convictions upheld again

June 11, 2012
Dave Stafford
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
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COA: Sex offender registration statute not unconstitutional

June 11, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
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Attempted murder sentence upheld in Martinsville school shooting

June 11, 2012
Dave Stafford
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
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Appeals court affirms attempted rape conviction

June 8, 2012
Dave Stafford
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
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COA reverses in favor of FSSA in provider payment dispute

June 8, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
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Daughter's emancipation upheld; COA advises on forthcoming child-support changes

June 8, 2012
Dave Stafford
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
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COA: Indiana hog farmer’s suit against N.C. operation to proceed

June 7, 2012
Dave Stafford
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
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COA finds court made several errors in sentencing

June 6, 2012
Jenny Montgomery
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
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Termination of father's parental rights upheld on appeal

June 6, 2012
Dave Stafford
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.
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Appeals court affirms dismissal of suit against Nappanee in near-drowning

June 6, 2012
Dave Stafford
The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
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Revocation of probation was court error

June 5, 2012
Jenny Montgomery
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
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COA holds omission of 'voluntary' was not an error

June 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
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COA finalists named

June 4, 2012
IL Staff
Marion Superior Judge Robert R. Altice Jr., public defender Patricia Caress McMath and Madison Circuit Judge Rudolph R. Pyle III have been chosen as finalists for the Indiana Court of Appeals.
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Appeals court upholds motion to correct error, voiding Elkhart tax deed

June 1, 2012
Dave Stafford
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
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Court rules on inclusion of survivor benefits in child support obligation

May 31, 2012
Jennifer Nelson
The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.
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Woman's claim fails under modified impact and bystander rules

May 30, 2012
Jennifer Nelson
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
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Judges order trial in drunk driving case

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
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Pool's owner did not breach any duty owed to boy

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.
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Judges uphold termination of parental rights

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”
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Judges rule on lease dispute involving hospital

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. 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!

  4. 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.

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

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