Indiana Court of Appeals
COA: Judge should have recused himself
April 29, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.
MoreJudges reverse, reinstate sex-offender conviction
April 29, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.
MorePro se defendant must be advised of rights
April 28, 2010
Jennifer NelsonThe requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
MoreCOA upholds eviction action
April 26, 2010
Jennifer NelsonA trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
MoreCourt split on burglary tipster issue
April 22, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police
was sufficient by itself to justify a police officer's stop of a juvenile.
MoreJudges reverse protection order
April 22, 2010
Jennifer NelsonA protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence
of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
MoreCOA discusses jury-selection procedures
April 21, 2010
Jennifer NelsonDespite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana
Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
MoreCOA decides sex offender registration plea case
April 16, 2010
Michael HoskinsThe Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender
registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him
to follow lesser registration requirements.
MoreCourt: Medical record loss is negligence
April 16, 2010
Michael HoskinsIf a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
MoreCOA rules on first impression railroad issue
April 15, 2010
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.
MoreJury not properly instructed at man's trial
April 15, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly
conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful
entry into his home.
MoreJudges disagree on case involving juror strikes
April 14, 2010
Michael HoskinsA Marion County deputy prosecutor's striking of potential jurors has divided an Indiana Court of Appeals panel, with judges
disagreeing about whether it should second-guess a lower court's finding that no racial discrimination was in play in striking
the African-American jurors.
MoreCOA: Inmate must pay filing fees
April 14, 2010
Rebecca BerfangerThe Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed
at least 50 civil actions.
MoreCourt denies request for emancipation, child support change
April 13, 2010
Michael HoskinsIn deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused
to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial
parent's home.
MoreCourt reverses handgun conviction
April 12, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
MoreInconsistent jury verdicts not reviewable
April 9, 2010
Jennifer NelsonInconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review,
the Indiana Supreme Court held Thursday.
MoreCOA upholds termination of parental rights
April 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence.
The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to
prove her drug use when she repeatedly refused to submit to drug testing.
MoreJudges disagree on retroactive support issue
March 31, 2010
Jennifer NelsonIn a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support
order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether
a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
MoreCOA sets standard in parental rights cases
March 31, 2010
Michael HoskinsIn addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial
judges must offer findings of fact in those types of cases just as they're required to by law for children in need of
services cases and grandparent visitation matters.
MoreLegal process on mental illness isn't yet where it should be
March 31, 2010
Michael HoskinsCourts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to
better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn't gone far
enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental
illness.
MoreAppellate court to hear arguments in Lafayette
March 30, 2010
IL StaffA panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man
challenging his sentence for dealing cocaine.
MoreCOA rules against voting-systems company
March 29, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for
stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
MoreCompany not bound by defiant agent's actions
March 26, 2010
Jennifer NelsonA trial court erred in finding that a company was bound by its insurance agency's acts even though the agency
acted against the company's wishes, the Indiana Court of Appeals ruled today.
MoreJudge dissents in eviction case
March 25, 2010
Jennifer NelsonThere is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction
or repossession of a private party, according to an Indiana Court of Appeals judge.
MoreJustices: Search didn't violate 4th Amendment
March 24, 2010
Jennifer NelsonA warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term
and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held
today.
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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!