Indiana Court of Appeals

Trial court must consider husband’s interest in land in divorce case

August 14, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.
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COA finds officer had no reason to make woman sit in squad car after stop

August 14, 2014
Jennifer Nelson
 A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
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Court orders more proceedings in foreclosure action

August 14, 2014
Jennifer Nelson
An Elkhart County man successfully convinced the Indiana Court of Appeals to reverse the denial of his motion to set aside default judgment in a foreclosure action. The man argued he relied on information from the bank that he could proceed with a short sale and the foreclosure proceeding would be put on hold.
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Justices uphold sentence, clarify previous caselaw

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court accepted a case to address the proposition that relying on an element of the offense as an aggravating factor when sentencing is no longer prohibited. The justices believe that the Court of Appeals has applied this position too broadly.
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Court reduces attorney fees awarded to pay firm by $1 million

August 13, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.
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Court affirms termination of parental rights without case plan

August 12, 2014
Dave Stafford
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
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Payment of ‘ad valorem’ taxes sustain ownership in mineral interest

August 11, 2014
Marilyn Odendahl
Reversing the trial court’s ruling, the Indiana Court of Appeals concluded that a woman’s payment of “ad valorem” taxes on a mineral interest in Posey County prevented the lapse of her partial ownership.
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Argumentative passenger’s public intoxication conviction reversed

August 11, 2014
Dave Stafford
A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.
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COA: Sentencing court must hear inmate’s habeas petition

August 11, 2014
Dave Stafford
A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.
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Evidence does not support stand-your-ground defense

August 11, 2014
Marilyn Odendahl
A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.
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Insurer loses appeal over matter litigated elsewhere

August 8, 2014
Dave Stafford
An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.
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Search of home after improper GPS tracking affirmed

August 8, 2014
Dave Stafford
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
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Court clarifies ‘known claim’ exclusion applies in insurance coverage dispute

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals granted rehearing to a case involving a dispute over coverage for environmental contamination and found that the "known claim” exclusion applies, not the known loss doctrine.
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Judge ‘troubled’ by delays in relocation case

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.
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Man does not need to wait 3 years to file new expungement petition

August 6, 2014
Jennifer Nelson
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
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Court correctly ruled man with terminated employment contract could retire

August 6, 2014
Jennifer Nelson
An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.
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Women who dodged orders to appear at trial properly declared unavailable

August 6, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.
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Judges reverse 8 forgery convictions based on fake ballot signatures

August 5, 2014
Jennifer Nelson
A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.
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Appeals panel: Trust’s real property bequeath by later writing invalid

July 31, 2014
Dave Stafford
A panel of the Indiana Court of Appeals ruled Thursday that a mother’s specific gift of real property incorporated into trust documents was an invalid method of willing it to heirs.
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Absence of a plan foils development proposal

July 31, 2014
Marilyn Odendahl
A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.
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Asset forfeiture dispute divides appeals panel

July 31, 2014
Dave Stafford
An order transferring to the federal government money seized from a criminal defendant was deemed proper by the Indiana Court of Appeals Thursday, though a dissenting judge said the defendant didn’t even know the order had been issued until nearly two years later.
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COA tosses in absentia conviction of Army private

July 31, 2014
Marilyn Odendahl
A 20-year-old U.S. Army private had his conviction for underage drinking overturned because Hendricks Superior Court denied his motion for a continuance and held the trial while he was deployed in Afghanistan.
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Insurance dispute divides Court of Appeals

July 30, 2014
Marilyn Odendahl
A split Indiana Court of Appeals reversed a trial court’s finding that a landlord was not covered by the tenant’s insurance policy.
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Order to demolish home reversed by Court of Appeals

July 30, 2014
Marilyn Odendahl
A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.
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Requiring deaf mom to sign doesn’t violate due process

July 30, 2014
Dave Stafford
A mother whose parental rights were terminated was not denied due process when a judge who couldn’t understand her spoken testimony required her to sign to an interpreter who then spoke her responses aloud.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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