Indiana Court of Appeals

Man kicked out of community corrections for assaulting inmate loses appeal

May 29, 2014
Jennifer Nelson
A community corrections program has the authority to not accept a man after being released from prison because he kicked another inmate in the face while assigned to a community transition program, the Indiana Court of Appeals held Thursday.
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Judges affirm expungement of sheriff deputy’s arrest

May 29, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
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Sisters can’t prove brother unduly influenced mother in crafting estate plan

May 29, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.
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Teen must pay for electronic monitoring device through community service

May 28, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the order by a juvenile court that required a teen who cut off her electronic monitoring device to make restitution for the device through community service.
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Judges reverse convictions due to Batson challenge error

May 28, 2014
Jennifer Nelson
A Marion County trial court erred when it overruled a man’s Batson challenge contesting the state’s use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held Wednesday. The appeals court overturned Tyrece Robertson’s convictions and ordered a new trial.
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COA orders new hearing due to lack of proof notice was mailed

May 28, 2014
Jennifer Nelson
The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman’s application for unemployment benefits after holding that the Department of Workforce Development didn’t prove that it mailed notice of a hearing to the woman.
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Man’s expungement petition properly denied, COA rules

May 28, 2014
Jennifer Nelson
Because a Marion County man admitted to violating the terms of his probation twice, he cannot meet the requirements of the expungement statute, the Indiana Court of Appeals ruled Wednesday, so the trial court properly denied his petition to expunge his conviction.
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Court must consider man’s motion to prohibit release of criminal record

May 27, 2014
Jennifer Nelson
Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.
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Court rules in favor of fraternity in lawsuit following assault

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter lived at the home and had some chapter items at the residence.
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Court affirms woman is ‘gravely disabled’ requiring involuntary commitment

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals declined to reweigh the evidence used to find a woman needed to be involuntarily committed because she was gravely disabled after claiming she was bitten by poisonous spiders in her home for the fourth time.
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Majority finds man entrapped to patronize prostitute

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
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Judges reverse woman’s resisting law enforcement conviction

May 22, 2014
Jennifer Nelson
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
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Prosecutor’s comments on defendant not testifying don’t require reversal

May 22, 2014
Jennifer Nelson
The Indiana Court of Appeals, in addressing a defendant’s claims of prosecutorial misconduct, found that any misconduct committed was a harmless error and does not require criminal deviate conduct and sexual battery convictions to be overturned.
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Seizure of man’s clothing from hospital not unconstitutional

May 22, 2014
Jennifer Nelson

A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.

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COA rules Marion County had exclusive jurisdiction over custody of boy

May 22, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.
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Kentucky ruling prevents Indiana court from addressing claim

May 22, 2014
Jennifer Nelson
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
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COA finds Yellow Book ad contract induced by fraud

May 22, 2014
Jennifer Nelson
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
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Judges reverse convictions based on use of witness’s statement

May 21, 2014
Jennifer Nelson
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions. 
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Lucas Oil vendor not entitled to summary judgment in dram shop case

May 21, 2014
Jennifer Nelson
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.
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COA: Court should not have imposed 2-mile ban as part of probation

May 21, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
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CLEO interns assigned to Court of Appeals, Tax Court

May 20, 2014
IL Staff
Eight students from three law schools have been selected for summer internships with judges of the Indiana Court of Appeals and Tax Court through the 2014 Carr L. Darden Conference for Legal Education Opportunity internship program.
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COA rules natural parents’ consent unnecessary in adoption

May 20, 2014
Marilyn Odendahl

Once a trial court found a child’s natural parents to be unfit, the court did not need to revisit that finding at an adoption hearing, the Indiana Court of Appeals has ruled.

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School district not immune from liability in shooting incident

May 19, 2014
Marilyn Odendahl
Although a principal was responsible for formulating and implementing a security plan for her school, the level of discretion the principal had was not enough to give the school district immunity from liability following an in-school shooting.
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Bank wins in appeal of foreclosure action

May 15, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of Wells Fargo on its action to foreclose on a mortgage and collect from the guarantor of the loan, ruling that the loan documents were properly assigned to the bank.
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COA: Wife is entitled to maintenance, larger amount of marital estate

May 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to divvy up a marital estate with more than 50 percent of it going to the wife because she rebutted the presumption of an equal division.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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