Indiana Court of Appeals
COA: Only deceased's parent can have visitation
July 20, 2009
Jennifer NelsonA paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing
to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
MoreJudge to throw out first pitch at pro bono night
July 17, 2009
Jennifer NelsonIndiana Court of Appeals Judge Melissa May will throw out the first pitch tonight at a Gary baseball game at which attorneys
will be honored for their pro bono work.
MoreJudges: Court should have questioned jurors
July 15, 2009
Jennifer NelsonJudges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because
the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action
by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
MoreCOA: Dog sniff requires reasonable suspicion
July 14, 2009
Jennifer NelsonAnalyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct
a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion,
it established the officers relied on the warrant executed after the sniff in good faith.
MoreJudges: Town ordinance invalid
July 14, 2009
Jennifer NelsonThe Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on
properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the
authority to collect the fee within its corporate limits.
MoreAttempted murderer may adopt under statute
July 13, 2009
Jennifer NelsonUnder Indiana statute for adoption, attempted murder isn't listed as a conviction that would prohibit a court from granting
the adoption, but aggravated battery is.
MoreTownship assessor loses appeal
July 13, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted
a bill that eliminated her office and transferred her duties to the county assessor.
MoreCOA: alternative murder sentence illegal
July 10, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court
wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
MoreJudges don't agree candidate is 'qualified'
July 10, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified"
under the Indiana Constitution to take office because his election caused three members from the same school district to be
on the board.
MoreCOA: Rentals not restricted by covenants
July 9, 2009
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed
under its restrictive covenants because the rental property was for "residential use."
MoreCOA: Home isn't allowed in marital estate
July 8, 2009
Jennifer NelsonEven though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money
from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the
marital estate, ruled the Indiana Court of Appeals.
MoreFirst impression for habitual offender statute
July 7, 2009
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for
conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.
MoreCOA reverses rape conviction in cold case
July 7, 2009
Jennifer NelsonThe Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago,
but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to
support a conviction of a sexual attack against the victim.
MoreCourt: counties responsible for GAL, CASA fees
June 30, 2009
Michael HoskinsIn a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian
ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county
and not the state agency that lawmakers gave more oversight power to in the past year.
MoreTransfer sought in compulsive gambling case
June 29, 2009
Michael HoskinsArguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana
Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage
of by a casino, resulting in her loss of $125,000 in a single night.
MoreCourt tackles scope of 'frivolous'
June 25, 2009
Jennifer NelsonThe Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the
word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits
since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
MoreJudges rule on workers' comp billing issues
June 24, 2009
Michael HoskinsEmployers or their insurers - not health care providers - must prove when medical expenses for injured employees might be
considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana
Court of Appeals.
MoreJudges differ on if 'property damage' occurred
June 23, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider,
insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as
covered by the insurance policies.
MoreCourt reverses conviction over letter
June 23, 2009
Jennifer NelsonA man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals
because a letter he wrote while trying to negotiate a plea agreement - which was rejected - shouldn't have been admitted
at his trial.
MorePurse search violated Indiana Constitution
June 22, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern
for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way
it appears it could be holding a gun.
MoreInmate loses 3 appeals
June 17, 2009
Jennifer NelsonEric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana
Court of Appeals.
MoreCourt rules on incurred risk in malpractice suit
June 16, 2009
Jennifer NelsonThe Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on
negligence or lack of informed consent.
MoreFirst impression on residential entry issue
June 15, 2009
Jennifer NelsonSince a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed
residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
MoreOpinion explains use of supplemental evidence
June 15, 2009
Jennifer NelsonIn affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the
Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code
Section 36-7-4-1009.
MoreJudges differ on pretrial credit award
June 12, 2009
Jennifer NelsonEach judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant,
who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!