Indiana Court of Appeals

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Trial court correctly determined physician had no duty to patient

July 21, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the lower court that summary judgment is appropriate for a physician being sued for medical malpractice because there was no physician-patient relationship.
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Inmate’s action for credit time moot after DOC grants request

July 21, 2014
Jennifer Nelson
A Henry Circuit judge correctly dismissed an inmate’s action for educational credit time as moot after the Department of Correction determined he was entitled to the time and awarded him the credit, the Indiana Court of Appeals held Monday.
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State to scope Indy block for new building to house judiciary, legislative office space

July 18, 2014
Kathleen McLaughlin
Gov. Mike Pence’s administration is in the early stages of a land-use study for a hot piece of downtown Indianapolis property north of the Statehouse.
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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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