Indiana Court of Appeals
Court tosses use of contempt as way to order debt payment
November 23, 2010
Michael HoskinsThe Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce
civil judgment payments violates the Indiana Constitution.
MoreCourt erred in admitting child's videotaped statement
November 23, 2010
Jennifer NelsonA trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the
child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting
convictions.
MoreJudges reverse support modification for lack of jurisdiction
November 22, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because
jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely
troubling.”
MoreAppellate court affirms judgment in coverage dispute
November 22, 2010
Jennifer NelsonIndiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed
insurance contract, the Indiana Court of Appeals held today.
MoreJustices take sex offender case
November 22, 2010
IL StaffThe Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender
for life.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreJudges uphold OWI conviction
November 19, 2010
Jennifer NelsonThe Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s
actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were
impaired in order to get a conviction of operating a vehicle while intoxicated.
MoreChief’s recusal results in split Supreme Court
November 18, 2010
Michael HoskinsThe same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated
the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall
T. Shepard.
MoreAppellate court finds garage insurance policy doesn’t cover injuries
November 18, 2010
Jennifer NelsonFor only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld
partial summary judgment in favor of the insurer.
MoreCOA reverses ruling in right of contribution case
November 17, 2010
Jennifer NelsonThe Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for
failing to contribute to guarantee payments.
MoreJudges remand securities fraud case on statute-of-limitation issue
November 16, 2010
Jennifer NelsonThe Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities
fraud because the charges fall outside the statute of limitation.
MoreDismissal of delinquency petition doesn’t endanger public
November 16, 2010
Jennifer NelsonA juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand
trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the
public.
MoreCourt rejects man's explanation of 'briefly'
November 15, 2010
Jennifer NelsonA man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly”
within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house,
the Indiana Court of Appeals ruled today.
MoreDespite out-of-court agreement, COA upholds motion to strike
November 15, 2010
Jennifer NelsonThe Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but
it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys
agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
MoreCourt upholds juvenile placement with DOC
November 12, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld placing a juvenile with the Indiana Department of Correction over his objections that
there was a less restrictive alternative available.
MoreCOA affirms Avon ordinance invalid
November 12, 2010
Jennifer NelsonThe Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and
sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.
MorePlaintiff attorney chosen to serve on judicial commissions
November 11, 2010
Michael HoskinsAn Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and
Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
MoreCOA to visit high school for oral arguments
November 11, 2010
IL StaffThe Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis
high school Nov. 16.
MoreCOA: State could charge man for leaving scene of fatal accident
November 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding
the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man
who had already been convicted of causing the victim’s death.
MoreHigh court vacates transfer order
November 10, 2010
IL StaffThe Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial
counsel.
MoreCourt affirms locked glove box search
November 9, 2010
Michael HoskinsWithout a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed
the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
MoreCOA: jury should have had access to images
November 9, 2010
Rebecca BerfangerThe Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice
case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary
and instructional rulings constituted reversible error.
MoreCourt divided on invasion of privacy charge
November 8, 2010
Jennifer NelsonThe Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been
convicted of invasion of privacy when she spoke to the protected party during a court hearing.
MoreTicket can't constitute 'testimonial hearsay'
November 8, 2010
Jennifer NelsonBecause a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial
hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights
weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
MoreJudges: early retirement ends unemployment benefits
November 5, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement
package after she was laid off.
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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!