Indiana Court of Appeals

Governor appoints Rudolph Pyle to Court of Appeals

August 7, 2012
Jennifer Nelson
Gov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana Court of Appeals left by Judge Carr Darden’s retirement in July.
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Judges: Grant bank’s request for receiver

August 6, 2012
Jennifer Nelson
Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.
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Court affirms convictions of man who shot at teenagers

August 6, 2012
Jennifer Nelson
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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Court rules for city, water company in suit over frozen hydrants

August 3, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.
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Judges uphold 11-year-old’s reckless homicide adjudication

August 2, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.
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Appeals court clears hotel in guest's death outside

July 31, 2012
Dave Stafford
The family of a hotel guest who died after falling and hitting his head outside on a cold night may not proceed with a wrongful death suit against the hotel, the Court of Appeals held in a ruling Tuesday.
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Summary judgment upheld in contamination case

July 30, 2012
Dave Stafford
The former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.
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Judges rule state lacks authority to appeal dismissed case

July 30, 2012
Dave Stafford
The Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s motion to dismiss.
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COA reverses sentencing on grounds it exceeded statutory maximum

July 27, 2012
Marilyn Odendahl
The Indiana Court of Appeals agreed with a defendant that her sentence for a Class A misdemeanor possession of marijuana exceeded the statutory maximum and remanded the case to the trial court for resentencing.
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COA upholds trial court’s actions and sentence during drug trial

July 27, 2012
Marilyn Odendahl
A defendant who contended the trial court abused its discretion and imposed an inappropriately harsh sentence had his drug conviction upheld by the Indiana Court of Appeals.
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245-year sentence affirmed in Hovey Street slayings

July 27, 2012
Dave Stafford
The gunman who pleaded guilty to four murders in the 3200 block of Hovey Street in Indianapolis was properly given and deserved a 245-year sentence for the crimes, the Indiana Court of Appeals ruled Friday.
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COA affirms drug dealing, possession convictions

July 27, 2012
Dave Stafford
A man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived his Fourth Amendment rights, the Court of Appeals ruled Friday.
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Appeals court upholds killer’s PCR denial

July 27, 2012
Dave Stafford
A man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled Friday.
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Appeals court: Worker entitled to pursue compensation after settlement

July 27, 2012
Dave Stafford
A worker injured in a traffic accident who received a settlement for a workers’ compensation claim in Wisconsin may proceed with a claim in Indiana, where the crash occurred, the Indiana Court of Appeals ruled.
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Judge believes court could remove man from sex offender list

July 26, 2012
Jennifer Nelson
Indiana Court of Appeals Chief Judge Margret Robb dissented from her colleagues in a case involving a man who wanted his name taken off the Indiana Sex Offender Registry.
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Appellate court affirms reinstatement of father’s license

July 26, 2012
Jennifer Nelson
The Indiana Court of Appeals split Thursday over whether a father who was more than $100,000 behind in child support should be allowed to have his driving privileges reinstated.
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Attorney not entitled to prejudgment interest

July 26, 2012
Jennifer Nelson
A southern Indiana lawyer who entered into an agreement with another attorney to handle some of his cases due to his suspension from practice is not entitled to prejudgment interest on his portion of a client fee, the Indiana Court of Appeals held.
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Darden retires, announces McKinney scholarship

July 25, 2012
Dave Stafford
Court of Appeals Judge Carr L. Darden will establish a scholarship in the name of himself and his wife of 57 years at his alma mater, the Indiana University McKinney School of Law in Indianapolis. The judge and other officials announced the scholarship Wednesday during his Statehouse retirement ceremony.
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Judge: consider corroborative evidence in certain molestation cases

July 25, 2012
Jennifer Nelson
Indiana Court of Appeals Judge John Baker thinks it’s time that corroborative evidence be required in child molestation cases in which the charges are supported by the testimony of a single witness.
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School bus drivers can’t sue school corporation for collusion

July 25, 2012
Jennifer Nelson
The lawsuit for collusion brought by 13 North Gibson School Corporation bus drivers against the school corporation as a result of bids for a transportation services contract failed on interlocutory appeal before the Indiana Court of Appeals.
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Court rules for Indianapolis Housing Agency in suit brought by ex-employee

July 24, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the Indianapolis Housing Agency, finding the agency had a qualified privilege to report an employee’s suspected criminal conduct while on the job.
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Court upholds probation revocation

July 20, 2012
Jennifer Nelson
All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.
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Judges affirm 65-year murder sentence

July 20, 2012
Jennifer Nelson
Nothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce his murder sentence, the appellate judges ruled Friday.
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Darden retirement ceremony July 25

July 20, 2012
IL Staff
The Indiana Court of Appeals will celebrate Judge Carr Darden’s 18 years of service at a retirement ceremony July 25. Darden is leaving the court because will turn 75 Saturday, the age of mandatory retirement. He will continue to serve as a senior judge.
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COA upholds molester’s sentence, registration requirement

July 19, 2012
Jennifer Nelson
The trial court order that a Vigo County man convicted of child molesting must register as a sexually violent predator did not violate the ex post facto clause of the Indiana Constitution, the Court of Appeals ruled.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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