Indiana Court of Appeals
Judges 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.
MoreCOA affirms man not falsely arrested, imprisoned
November 4, 2010
Jennifer NelsonThe Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of
the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
MoreCOA upholds denial of post-conviction relief
November 3, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance
of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police
in front of the attorney.
MoreAll judges up for retention to stay on bench
November 3, 2010
IL StaffThe 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the
bench.
MoreCOA finds voyeurism statute not vague
October 29, 2010
Jennifer NelsonThe state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting
a man’s claims that the statute would prevent taping a surprise birthday party.
MoreCourt divides over injury claim under insurance policy
October 29, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury”
under their uninsured motorist coverage.
MoreJudges split on court's role in garnishments with pro se debtors
October 28, 2010
Jennifer NelsonThe Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf
of debtors who aren’t represented by counsel.
MoreJudge Robb to become first female chief judge
October 28, 2010
IL StaffNext year, the Indiana Court of Appeals will have its first woman chief judge.
MoreCOA reverses motion allowing for release of documents
October 26, 2010
Rebecca BerfangerThe Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production
of documents from the appellant-defendant Allstate Insurance Company.
MoreJudges send Medicaid case back for review
October 25, 2010
Jennifer NelsonThe Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked
findings of fact making the case mostly unreviewable by the appellate court.
MoreJudges hold option to buy real estate valid
October 22, 2010
Jennifer NelsonThe purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the
owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of
Appeals concluded today.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.