Indiana Court of Appeals
COA: Parties must arbitrate dispute over insurance coverage
February 6, 2013
Jennifer NelsonThe Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance
policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is
complete.
MoreCOA orders trial on drug charges
February 5, 2013
Jennifer NelsonOn interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s
motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
MoreJudges uphold sexually violent predator status
February 5, 2013
Jennifer NelsonThe Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent
predator status constituted a fundamental error, so the court upheld the SVP status.
MoreMan entitled to new trial based on trial counsel’s performance
February 5, 2013
Jennifer NelsonA man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney
did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.
MoreEliminating judges’ mandatory retirement to get hearing
February 5, 2013
Dave StaffordA bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be
heard in the Senate Judiciary Committee on Wednesday.
MoreEx-wife ordered to return money husband stole from nonprofit
February 4, 2013
Jennifer NelsonA woman whose ex-husband committed suicide after his scheme to steal money from his employer unraveled must pay back to the
company money she received from her husband during and after their marriage, the Indiana Court of Appeals ruled Monday.
MoreJudges uphold sentence, but revise original opinion
February 1, 2013
Jennifer NelsonThe Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement
in order to correct a misstatement of the law.
MoreFraudulent concealment tolls Wrongful Death Act’s limitations period
January 31, 2013
Jennifer NelsonThe Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful
death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment
is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of
first impression.
MoreCouple had to get permit before installing septic systems
January 31, 2013
Jennifer NelsonRejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems
following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed
summary judgment for the health department on the matter.
MoreCourt reverses grant of custody to grandmother
January 31, 2013
Jennifer NelsonFinding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court
of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of
her mother.
MoreHusband’s settlement proceeds should be included in marital pot
January 31, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds
from an action against his former employer as a marital asset when he and his wife divorced.
MoreWeinberger owes patient $150k for unnecessary surgery
January 31, 2013
Jennifer NelsonDr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’
sinuses, must pay one patient $150,000 on a medical malpractice claim.
MoreJudges affirm 53-year sentence for bank shooting
January 31, 2013
Jennifer NelsonThe man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by
the Indiana Court of Appeals.
MoreJudges rule on 'contentious' child support dispute, again
January 30, 2013
Jennifer NelsonFor the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges
upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor
regarding certain bonuses.
MoreCOA reverses former principal’s conviction for failing to immediately report student’s alleged rape
January 30, 2013
Jennifer NelsonA split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s
Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
MoreStudent kicked out of IU medical school loses on breach of contract claim
January 30, 2013
Jennifer NelsonAn Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating
couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract
claim.
MoreStatute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
January 29, 2013
Marilyn OdendahlA Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled
the state statute gives the courts the freedom to decide whether to grant or deny a petition.
MoreCOA reversal of truck forfeiture allows movie fan to drive off into the sunset
January 29, 2013
Marilyn OdendahlIn a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling
pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
MoreJudges’ ruling in email records case defers to public access counselor
January 29, 2013
Dave StaffordA request for the email records of public officials that simply asks for emails to or from officials over a certain period
of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
MoreDropped charges in habitual offender sentence distinguish conflicting rulings
January 25, 2013
Dave StaffordA defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under
a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also
drew distinctions with a conflicting COA opinion.
MoreCOA rules minors must be active participants to meet statute’s definition of ‘child exploitation’
January 25, 2013
Marilyn OdendahlA man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were
not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
MoreTeen father not deprived by lack of guardian ad litem in termination judgment
January 25, 2013
Dave StaffordA 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him
during proceedings in which his parental rights were terminated.
MoreCOA rules in favor of grandchildren in will dispute
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land
in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively
receive a one-third share in the acreage.
MoreAttempted child molestation conviction does not lead to credit restricted status
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following
his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses
that qualify under the credit restricted felon statute.
MoreRule of lenity doesn’t apply on man’s escape conviction
January 24, 2013
Jennifer NelsonThe rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home
detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions
of Class D felonies escape and attempted residential entry.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
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.