Indiana Court of Appeals

COA rules police can act reasonably to control investigation scene

December 30, 2011
Michael Hoskins
Police were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the Indiana Court of Appeals has ruled.
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Judges affirm worker's compensation board ruling

December 29, 2011
Michael Hoskins
The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
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Appeals court sides with snubbed relative in estate case

December 29, 2011
IL Staff
The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.
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Child's disability has no bearing on wrongful death suit filed by adult

December 29, 2011
Jenny Montgomery
A woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year statute of limitations, regardless of the fact that her grandchild has a disability.
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COA affirms trial court in felony neglect case

December 29, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
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COA orders new trial in resisting law enforcement case

December 28, 2011
Jennifer Nelson
A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.
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Federal incarceration doesn't count toward speedy trial clock

December 20, 2011
Michael Hoskins
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
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In issue of first impression, COA reverses union decision

December 20, 2011
Jenny Montgomery
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
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Judges uphold man's convictions, enhanced sentence

December 20, 2011
Michael Hoskins

The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.

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COA affirms arbitration opinion on rehearing

December 19, 2011
Jenny Montgomery
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
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Appeals court sides with estate of contractor killed on the job

December 19, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
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AG wants justices to consider prosecutor disqualification

December 16, 2011
Michael Hoskins
Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.
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In first impression ruling, COA reverses trial court on illegal search

December 16, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
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Judges reverse termination of parents' rights

December 14, 2011
Jennifer Nelson
In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
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COA rules on right of first refusal issue

December 13, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.
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Court clarifies original ruling on spousal maintenance

December 13, 2011
Jennifer Nelson
On rehearing, the Indiana Court of Appeals addressed the issue of an ex-husband’s ability to pay incapacity maintenance to his spouse, but affirmed its original opinion in all respects.
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1.8M cases filed in Indiana in 2010

December 13, 2011
IL Staff
Nearly two million new cases were filed in Indiana courts in 2010, a 3 percent increase as compared to 2001, according to the annual Indiana Judicial Service Report released Tuesday.
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Justices take guest statute case

December 12, 2011
IL Staff
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
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Judges dismiss man's untimely appeal

December 9, 2011
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”
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Appellate court upholds murder conviction

December 9, 2011
Jenny Montgomery
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.
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COA to consider journalistic shield protections for anonymous online comments

December 9, 2011
Michael Hoskins
The Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century: whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information that could help reveal the identities of people posting anonymous comments online.
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COA reverses termination of mother's parental rights

December 8, 2011
Jennifer Nelson
The Indiana Court of Appeals found Thursday that the trial court findings in a parental termination case out of Dearborn County do not support the decision to terminate a mother’s parental rights to three of her children.
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Husband allowed to petition for survivor's allowance

December 7, 2011
Jennifer Nelson
Even though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday.
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Court upholds judgment for doctor, health care center

December 7, 2011
Jennifer Nelson
A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.
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Junior Achievement case swells with defendants

December 7, 2011
Kathleen McLaughlin

Seventeen parties have been named in ex-CEO Jeffrey Miller's defamation suit.

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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

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  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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