Indiana Court of Appeals
COA split on which statute of limitation applies
May 7, 2009
Jennifer NelsonThe Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal
injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's
FELA claim in state court.
MoreCOA rules on first impression lemon-law issue
May 5, 2009
Jennifer NelsonThe Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer
has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes
the problem.
MoreCourt orders mandate for full parole hearing
May 4, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole
board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.
MoreOral findings allowed in attorney fee case
May 4, 2009
Jennifer NelsonA Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial
Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
MoreCOA to hear arguments in parks ban case
May 4, 2009
IL StaffThe Indiana Court of Appeals will hear arguments Tuesday in a sex-offender park ban case out of southern Indiana.
MoreCOA: Man's sentence could be increased
April 30, 2009
Jennifer NelsonThe Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions
was applicable to a defendant's sentence.
MoreMom's mental ability not reason for termination
April 30, 2009
Jennifer NelsonThe Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of
a "retarded person," as requested by the mother in a termination of parental rights case.
MoreForged agreement presents question of fact
April 29, 2009
Jennifer NelsonA company that forged a former employee's non-compete contract and later sued and settled with another company over that
false document isn't entitled to summary judgment in a new suit brought by the other company after it learned the document
was forged, ruled the Indiana Court of Appeals.
MoreCOA upholds workplace restraining order
April 28, 2009
Jennifer NelsonThe Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to
protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection
Order Act to provide context for analyzing cases under the WVROA.
MoreCOA upholds attorney's felony conviction
April 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced
to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.
MoreCOA invites high court to revisit Indiana law
April 24, 2009
Jennifer NelsonIn a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers
should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court
to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective
buyer had a reasonable opportunity to inspect the property.
MoreCOA rules in negligent application process case
April 21, 2009
Jennifer NelsonAddressing an issue today for the first time in state courts, the Indiana Court of Appeals had to determine whether a couple
could sue their insurance broker for alleged negligence during the application process.
MoreCOA reclassifies workplace e-mail case
April 20, 2009
IL StaffThe Indiana Court of Appeals April 16 reclassified a not-for-publication opinion regarding an Indiana Department of Local
Government Finance employee's use of his work e-mail account.
MoreCourt clarifies continuing objection procedure
April 20, 2009
Jennifer NelsonIf a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently
offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to
the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.
MoreJudge: Courts failing on mental illness
April 17, 2009
Michael HoskinsAn Indiana Court of Appeals judge today lambastes the criminal justice system's efforts in dealing with defendants who
may never be competent to stand trial, inviting more to be done by either the state's lawmakers or highest court.
MoreDefendant can't 'earn' sentence modification
April 17, 2009
Jennifer NelsonThe Indiana Court of Appeals vacated a man's robbery sentence because it found the trial court abused its discretion when
sentencing him and couldn't legally reduce his sentence as it said it would if he participated in educational and vocational
programs while incarcerated.
MoreCOA travels to Lafayette for arguments
April 17, 2009
IL StaffThe Indiana Court of Appeals travels to Lafayette April 20 to hear a case regarding the delayed return of children to their
mother following the death of a sibling.
MoreCOA: Non-violent contact order 'defective'
April 16, 2009
Rebecca BerfangerThe Indiana Court of Appeals has remanded a case regarding a non-violent contact order issued by a Marion Superior judge June
30, 2008, which involved a divorcing couple. The ruling calls the order "defective."
MoreCOA decides eminent domain case
April 14, 2009
Michael HoskinsIn considering a common arrangement between a utility company and property developer, the Indiana Court of Appeals has given
a green light for that utility to exercise eminent domain when a developer is financing a sewer line extension to a proposed
housing development.
MoreAppellate court rules statute not unconstitutional
April 13, 2009
Jennifer NelsonThe presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't
unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.
MoreCOA at Purdue University for election case
April 13, 2009
IL StaffA panel of Indiana Court of Appeals judges visits Purdue University Tuesday for arguments in an election dispute out of Delaware
County.
MoreAppeals court rules on payday-loan interest
April 9, 2009
Jennifer NelsonEven though the Indiana Court of Appeals concluded a business that provides cash advances waived its claim of right to recover
for breach of contract, the judges still considered whether the company could recover a payment with more than 300 percent
interest tacked on to it.
MoreSingle larceny rule doesn't apply in case
April 7, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's
trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.
MoreCOA to hear insurance, attorney fee cases
April 6, 2009
IL StaffA panel of Indiana Court of Appeals judges will hear arguments Tuesday in Evansville in an insurance coverage case while another
panel in Indianapolis will hear arguments in a case involving the division of attorney fees.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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.